REVERSED: Failure to Advise of Immigration Consquences
People v. Villalba Court: California Courts of Appeal, Docket: B318353 (Second Appellate District), Opinion Date: March 22, 2023. Defendant appealed the denial of his motion brought pursuant to Penal Code section 1473.7, subdivision (a) to withdraw his 2017 no-contest plea to a violation of section 273.5 and to vacate his conviction. He contends that he did not meaningfully understand the actual adverse immigration consequences of the conviction because his counsel misadvised him, and the sentencing court gave a contradictory advisement. He also contends that he would not have agreed to the plea if he had understood, and thus the trial court erred in denying the motion. The Second Appellate District reversed the order remanded with directions to the trial court to grant the motion and vacate the conviction pursuant to section 1473.7, subdivision (e). The court explained that Defendant’s undisputed evidence demonstrated a reasonable probability that if he had been properly advised of the immigration consequences of his plea, he would not have pled no contest to an offense requiring mandatory deportation.
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