Totari

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. The statute allows the defendant to move to vacate the judgment if the trial court fails to give the required advisements. In People v. Superior Court (Zamudio) (2000) 23 Cal.4th 183, 203-204 [ 96 Cal.Rptr.2d 463 , 999 P.2d 686 ] (Zamudio), we recognized that a motion to vacate a judgment under section 1016.5 may be brought in the trial court after judgment has been imposed. In this case, defendant unsuccessfully moved to vacate the judgment against him 13 years after it was imposed. The narrow issue before us is whether the trial court’s denial of defendant’s statutory motion to vacate the judgment is an appeal-able order. As explained below, we conclude that defendant may appeal from the trial court’s denial of his section 1016.5 motion to vacate.

Background

Defendant is an Israeli citizen and immigrated to the United States in 1976.…