What is the test for establishing that appellant was properly advised to plead nolo contendere?

California, United States of America


The following excerpt is from People v. Leyva, B264595 (Cal. App. 2016):

Because we conclude that appellant was properly advised, we need not reach the question of whether he established prejudice. (People v. Dubon (2001) 90 Cal.App.4th 944, 956.) However, for the sake of completeness, we conclude that there was no prejudicethere is no indication that it is reasonably probable that, if differently advised, appellant would not have pleaded nolo contendere. There is nothing in the record to show that appellant would have rejected his plea. For example, he offers no evidence how he could have been able to avoid conviction, which specific defenses might have

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