What are the consequences of a motion to withdraw/vacate a no contest plea?
California, United States of America
The following excerpt is from People v. La Fuente, B285168 (Cal. App. 2018):
On March 22, 2017, defendant filed his "Motion to Withdraw/Vacate Plea Pursuant to PC. 1473.7 or Alternatively Pursuant to Padilla v. Kentucky, 559 U.S. 356 (2010)." In it, defendant claimed that he was "unaware of the adverse immigration consequences of his plea[s]" because his counsel at the time he entered his no contest pleas had "failed to adequately research the immigration consequences of [his] plea, properly advise [him] accordingly, and properly defend [him] against the actual adverse consequences of his plea . . . ."
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