What is the test for a motion to vacate a sentence for a convicted illegal immigrant?

California, United States of America


The following excerpt is from People v. Ramos, E076276 (Cal. App. 2021):

Defendant's counsel has filed a brief under the authority of People v. Wende (1979) 25 Cal.3d 436 and Anders v. California (1967) 386 U.S 738, setting forth statements of the case and facts. Counsel suggests the following potentially arguable issue: whether the trial court erred when it denied defendant's motion to vacate his sentence in view of his claim that he would have tried to obtain an immigration-neutral or other more favorable plea agreement had he been advised of the adverse immigration consequences. Counsel also requests this court to conduct an independent review of the entire record.

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