Quesada

Penal Code section 1016.5 mandates the criminal courts, before accepting a plea of guilty or nolo contendere to most crimes, to advise the defendant of the consequences a conviction may have on a person who is not a citizen of the United States. The statutory admonition reads: “If you are not a citizen, you are hereby advised that conviction of the offense for which you have been charged may have the consequences of 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).) Under terms of this statute, “the court shall administer the . . . advisement on the record to the defendant.” The principal issue in this appeal is whether the statute may be satisfied by an advisement which is contained in a written “plea form” executed by the defendant but is not given orally by the magistrate. We hold that under appropriate circumstances, such as those present in this case, it may. We shall therefore affirm the judgment.

Factual and Procedural Background

Defendant was charged in a felony complaint with sale of cocaine, a controlled substance. (Health & Saf. Code, § 11352.)…