P.

P. v. Moreno CA5

Good Law
Court of Appeal of CaliforniaJuly 24, 2013F063711ACalifornia973 words

Opinion

Opinion

DISCUSSION

Appellant acknowledges that in People v. Placencia (2011) 194 Cal.App.4th 489 (Placencia) the court held that a certificate of probable cause is required for a defendant to appeal from the denial of a motion to vacate plea brought under section 1016.5, subdivision (b). (Placencia, at p. 493-494.) However, he urges this court to conclude that Placencia was erroneously decided. Respondent cites Placencia to assert the appeal must be dismissed because appellant failed to obtain a certificate of probable cause pursuant to section 1237.5. For reasons to follow, we agree with respondent. Section 1016.5, subdivision (a) requires the trial court, prior to accepting a guilty plea, to advise the defendant that conviction may have various immigration consequences, including deportation and exclusion from admission to the United States. If the trial court fails to so advise, and the defendant shows the conviction may have the consequence of deportation or exclusion, or denial of naturalization, “the court, on defendant’s motion, shall vacate the judgment and permit the defendant to withdraw the plea of guilty or nolo contendere, and enter a plea of not guilty.” (§ 1016.5, subd.…

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