What is the effect of a plea of guilty or nolo contendere to a charge under section 1016.5 of the California Criminal Code?

California, United States of America


The following excerpt is from People v. Sanchez, F060878, Super. Ct. No. VCF039039D-97 (Cal. App. 2011):

2. Section 1016.5 provides, in relevant part: "(a) Prior to acceptance of a plea of guilty or nolo contendere to any offense punishable as a crime under state law, except offenses designated as infractions under state law, the court shall administer the following advisement on the record to the defendant: [] If you are not a citizen, you are hereby advised that conviction of the offense for which you have been charged may have the consequences of deportation, exclusion from admission to the United States, or denial of naturalization pursuant to the laws of the United States."

3. Ibarra was overruled on another ground in People v. Howard (1992) 1 Cal.4th 1132, 1177-1178.

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