What is the test for ineffective assistance of counsel in a motion to vacate a conviction and withdraw a plea?

Defendant's claim of ineffective assistance of counsel does not arise in a context in which the trial court observed counsel's performance during the course of a jury trial. (Cf. People v. Fosselman (1983) 33 Cal.3d 572, 582-583.) His claim is that, in receiving advice from his counsel, he did not get adequate advice or that he was misadvised concerning the immigration consequences of his plea. Because defendant's contention is based on a factual showing akin to a petition for habeas corpus, the issue "is more appropriately decided in a habeas corpus proceeding." (People v. Mendoza Tello (1997) 15 Cal.4th 264, 266-267 [claim that trial counsel rendered ineffective assistance in failing to make a motion to suppress evidence was not suitable for resolution on appeal because the record did not show the reasons for counsel's failure to do so].)

In sum, the trial court properly denied the motion to vacate the judgment and withdraw the plea.

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The trial court's order denying the motion to vacate defendant's 2014 conviction is affirmed.