Gontiz

In two separate cases defendant moved to vacate his guilty pleas on the ground that when he entered them he had not been advised of all the possible immigration consequences, as required by Penal Code section 1016.5 (section 1016.5). In both cases the trial courts denied his motions. We shall reverse.

Normally a motion to vacate a plea based on misadvisement or omission of a collateral consequence requires the defendant to demonstrate that he would not have entered into the plea had he known of the consequence. (People v. Walker (1991) 54 Cal.3d 1013, 1022-1023 [ 1 Cal.Rptr.2d 902 , 819 P.2d 861 ].) However, the Legislature has enacted an unusual statutory remedy which provides for mandatory vacation of judgment where the trial court has failed to give advisement about immigration consequences, limited only by the requirement that the movant be in danger of suffering those consequences. Because this statute is radically out of step with modem notions of criminal procedure, some courts have effectively rewritten it by judicial construction. We will not do that. The statute is clear and supports defendant’s position. It is not for the judiciary to fix perceived mistakes or…