People v. Amini CA4/1

DISCUSSION

Amini contends the trial court abused its discretion in denying her motion to

vacate the 2002 guilty plea. She argues that she was not properly provided with an

interpreter, she did not waive her right to an interpreter and, in any event, she did not

understand the court's advisement.

The People have responded that the motion filed in 2013 from the 2002 conviction

is untimely, that we should apply principles of res judicata to this motion since it follows

require the vacation of judgment and withdrawal of the plea or constitute grounds for finding a prior conviction invalid. Nothing in this section, however, shall be deemed to inhibit a court, in the sound exercise of its discretion, from vacating a judgment and permitting a defendant to withdraw a plea. [¶] (d) The Legislature finds and declares that in many instances involving an individual who is not a citizen of the United States charged with an offense punishable as a crime under state law, a plea of guilty or nolo contendere is entered without the defendant knowing that a conviction of such offense is grounds for deportation, exclusion from admission to the United States, or denial of naturalization…