Carty

INTRODUCTION

In this case, appellant Theophile Carty filed in superior court, in propria persona, a petition for a writ of error coram nobis to vacate, according to his petition, a plea of no contest to failing to file an income tax return. The petition was denied and, on appeal, Carty claims the denial was error because the trial court erroneously failed to advise him concerning immigration consequences of his plea as required by Penal Code section 1016.5, subdivision (a), he was unaware of the immigration consequences of his plea, and, contrary to the trial court’s ruling, the petition was timely.

Having requested and received supplemental briefing, we hold that, to the extent the petition alleged that the trial court failed to advise Carty concerning the above mentioned immigration consequences, and/or that Carty was unaware of same, denial of the petition was proper. Denial was proper because a statutory motion to vacate judgment brought pursuant to section 1016.5, subdivision (b), and not the nonstatutory petition for a writ of error coram nobis brought by Carty, is the remedy for relief. Accordingly, we will affirm the order denying the petition. However, because…