What is the test for a motion to vacate a criminal conviction under section 1016.5 of the California Penal Code?

California, United States of America


The following excerpt is from People v. Superior Court (Zamudio), 23 Cal.4th 183, 96 Cal.Rptr.2d 463, 999 P.2d 686 (Cal. 2000):

We conclude that defendant, in moving to vacate his 1992 conviction under section 1016.5, showed that, at the time of the motion, he faced "more than just a remote possibility of deportation, exclusion, or denial of naturalization" (People v. Shaw, supra, 64 Cal.App.4th at p. 499, 74 Cal. Rptr.2d 915). Therefore, the trial court's implied finding that "conviction of the offense to which defendant pleaded ... nolo contendere may have the consequences for the defendant" specified in the statute ( 1016.5, subd. (b)) was adequately supported.

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