California, United States of America
The following excerpt is from People v. Son, E068199 (Cal. App. 2018):
Third, defendant's contention that the lack of a record showing an oral advisement of the immigration consequences of the plea does not avail him. It was defendant who bore the burden of proof and production on his motion to vacate the plea. Thus, defendant bore the burden of producing a transcript of the entry of the plea. Defendant had more than adequate time to do so. He entered his plea on October 30, 2002. He filed his motion to vacate the plea on December 27, 2016. The court did not hold the hearing on his motion until February 28, 2017. Thus, defendant had more than adequate time to produce a copy of the transcript of the entry of his plea. Moreover, the plea agreement itself is sufficient evidence that he was properly advised of the immigration consequences of his plea. (People v. Araujo, supra, 243 Cal.App.4th at p. 762 [the 1016.5 advisement can be in writing]; People v. Gutierrez (2003) 106 Cal.App.4th 169, 175 [the court may rely upon a defendant's validly executed waiver form as substitute for an oral admonishment].)
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