People v. Felix CA4/2

DISCUSSION

Defendant argues the trial court erred when it determined that the court that took

his guilty plea ensured he was adequately advised of the immigration consequences of his

guilty plea.

Under section 1016.5, a defendant can obtain relief if he or she “demonstrate[s]

that (1) the court taking the plea failed to advise the defendant of the immigration

consequences as provided by section 1016.5, (2) as a consequence of conviction, the

defendant actually faces one or more of the statutorily specified immigration

consequences, and (3) the defendant was prejudiced by the court’s failure to provide

complete advisements.” (People v. Chien (2008) 159 Cal.App.4th 1283, 1287, citing

3 People v. Superior Court (Zamudio) (2000) 23 Cal.4th 183, 199-200; People v. Totari

(2002) 28 Cal.4th 876, 884.) As discussed below, we agree with the trial court that

defendant has not met his burden to demonstrate that the original trial court failed to

comply with section 1016.5.

Section 1016.5, subdivision (a), requires the following admonishment be given to

any defendant entering a guilty plea: “If you are not a citizen, you are hereby advised

that conviction of the offense for…