P.

People v. Martinez

Caution
160 Cal. Rptr. 3d 37·2013 Cal. LEXIS 6647·57 Cal. 4th 555·304 P.3d 529
Supreme Court of CaliforniaAugust 8, 2013S199495California5,075 words

Opinion

Opinion

Werdegar, J.

Penal Code section 1016.5 requires that before accepting a plea of guilty or nolo contendere to any criminal offense, the trial court must advise the defendant that if he or she is not a United States citizen, conviction of the offense may result in deportation, exclusion from admission to the United States, or denial of naturalization pursuant to the laws of the United States. (Pen. Code, § 1016.5, subd. (a).) If the advisement was not given, and the defendant shows that conviction of the offense to which he or she pleaded guilty or nolo contendere may result in adverse immigration consequences, the court, on the defendant’s motion, is required to vacate the judgment and permit the defendant to withdraw his or her plea and enter a plea of not guilty. (Id., subd. (b).) Relief will be granted, however, only if the defendant establishes prejudice. (People v. Superior Court (Zamudio) (2000) 23 Cal.4th 183, 210 [ 96 Cal.Rptr.2d 463 , 999 P.2d 686 ] (Zamudio).) As we explained- in Zamudio, prejudice is shown if the defendant establishes it was reasonably probable he or she would not have pleaded guilty if properly advised. (Ibid.)

We granted review to consider whether a court…

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