People v. Ocampo CA4/1

Good Law
Court of Appeal of CaliforniaAugust 17, 2015D067703California349 words

Opinion

Opinion

Huffman, J.

DISCUSSION

As we have discussed, appellate counsel has indicated she has not been able to

identify any reasonably arguable issues for reversal on appeal. Pursuant to Anders v.

California (1967) 386 U.S. 738 (Anders), counsel has identified the following possible,

but not arguable issue to assist the court in our review of the record:

Whether the trial court abused its discretion in denying the motion to vacate the

conviction based on the claim of failure of counsel to adequately advise Ocampo of the

immigration consequences of her plea. for the proposition that defense counsel may provide ineffective assistance when failing

to accurately advise a noncitizen of the immigration consequences of his or her guilty

plea. The difficulty with the supplemental brief is that the only evidence in the record

regarding the advice Ocampo received from defense counsel is in the change of plea

form, where she initialed and signed the form, which reflected the potential immigration

consequences of her plea and that she had been advised by counsel. Her motion to

"vacate the judgment" in the trial court contains some self-serving statements, but there

were no declarations from her or…

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