What is appellant's burden to provide an adequate record on appeal under section 1016.5 of the California Criminal Code?

California, United States of America


The following excerpt is from People v. Ramirez, B269869 (Cal. App. 2017):

regarding immigration consequences were on the record . . . ." It is the appellant's burden to provide an adequate record on appeal. To the extent the record is inadequate, we make all reasonable inferences in favor of the judgment. (Amato v. Mercury Casualty Co. (1993) 18 Cal.App.4th 1784, 1794.) Here, appellant has not provided the court with a copy of the reporter's transcript of his plea and, therefore, has not met his burden of showing he was not provided with "an adequate opportunity to negotiate a non-deportable offense." Furthermore, section 1016.5 only provides that the court "shall grant the defendant a reasonable amount of time to negotiate with the prosecuting agency in the event the defendant or the defendant's counsel was unaware of the possibility of deportation, exclusion from admission to the United States, or denial of naturalization as a result of conviction." ( 1016.5, subd. (d), italics added.) Here, appellant does not claim he or his counsel was unaware of these possibilities when his plea was negotiated. As to appellant's second argument, the minute order of the plea hearing establishes that the trial court's advisement of the immigration consequences of his plea was on the record.

Page 9

The order denying appellant's section 1016.5 motion is affirmed.

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