People v. Valadez CA4/3

DISCUSSION

We reviewed the record according to our obligations under Wende, supra, 25 Cal.3d 436 and Anders, supra, 485 U.S. 738, considered the issues suggested by counsel, and found no arguable issues on appeal. Before accepting a guilty plea, the court must advise the defendant of three specific, potential immigration consequences: deportation, exclusion, and denial of naturalization. (Pen. Code, § 1016.5, subd. (a).) The advisements must appear on the record, but they need not be given orally by the judge in open court. Instead, a validly executed written waiver is a proper substitute for a verbal admonishment. (In re Ibarra (1983) 34 Cal.3d 277, 285-286, overruled on other grounds in People v. Mosby (2004) 33 Cal.4th 353, 360-361; People v. Ramirez (1999) 71 Cal.App.4th 519, 521-522.) To prevail on a motion to withdraw a plea under Penal Code section 1016.5, a defendant must establish: (1) the court failed to advise him as required; (2) there is more than a remote possibility that his conviction would have one or more of the specified adverse immigration consequences; and (3) had he been properly advised, he would not have pled guilty. (People v. Superior Court (Zamudio)…