People v. Sierra CA2/6

DISCUSSION

Appellant contends the court erred by denying his motion to vacate his no contest plea. More specifically, he claims his plea is defective because the court accepted it without fully advising him of its immigration consequences, as required by section 1016.5. The record belies his claim. We review an order denying a section 1016.5 motion for abuse of discretion. (People v. Superior Court (Zamudio) (2000) 23 Cal.4th 183, 192.) We must affirm "unless there is a clear showing of abuse of discretion." (People v. Shaw (1998) 64 Cal.App.4th 492, 495-496.) Section 1016.5, subdivision (a) provides: "Prior to acceptance of a plea of guilty or nolo contendere to any offense punishable as a crime under state law, except offenses designated as infractions under state law, the court shall administer the following advisement on the record to the defendant: [¶] 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." "Subdivision (b) directs the court to vacate any plea…