California, United States of America
The following excerpt is from People v. Rodriguez, F073109 (Cal. App. 2017):
Because we conclude the record establishes defendant was fully advised in 1998 of the immigration consequences of his plea, we need not address the other two factors required to be established in order to prevail on a section 1016.5 motion. (See People v. Totari, supra, 28 Cal.4th at p. 884.)
As for defendant's assertion that defense counsel failed to fully advise of immigration consequences, section 1016.5 allows for a conviction to be vacated if a trial court failed to advise of immigration consequences; it cannot serve as a basis for asserting a failure by defense counsel to advise of immigration consequences. (People v. Chien (2008) 159 Cal.App.4th 1283, 1285.)
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