What is the effect of ineffective counsel on a motion to set aside a guilty plea?

California, United States of America


The following excerpt is from People v. Alcaraz-Velasquez, A129520, A129736 (Cal. App. 2011):

Ineffective assistance of counsel is good cause to set aside a plea. (In re Vargas (2000) 83 Cal.App.4th 1125, 1142.) "Before deciding whether to plead guilty, a defendant is entitled to 'the effective assistance of competent counsel.' [Citations.]" (Padilla v. Kentucky (2010) 559 U.S. _ [176 L.Ed.2d 284, 293].) Where the deportation consequence of a guilty plea is truly clear, defense counsel has a duty to correctly advise the defendant of these consequences. (Id. at p. _ [176 L.Ed.2d at p. 296].)

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