What is the test for a motion to vacate a guilty plea under section 1016.5?
California, United States of America
The following excerpt is from People v. Singh, F073521 (Cal. App. 2018):
Where a defendant establishes he was not informed of the consequences or could not understand those consequences the defendant may seek to vacate the guilty plea. (People v. Martinez, supra, 57 Cal.4th at pp. 562-565.) In bringing a motion to vacate the plea under section 1016.5, the defendant has the burden to establish prejudice. He must show he would not have entered the guilty plea if he had been properly advised. (People v. Martinez, supra, at pp. 564, 567.)
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