Shokur

*1401 Opinion

Pursuant to his guilty plea, defendant Yussuf Shokur was convicted in 2005 of possessing marijuana for sale (Health & Saf. Code, § 11359). The change of plea form he initialed, signed, and declared he read advised defendant of the immigration consequences of conviction pursuant to Penal Code section 1016.5. The court also advised defendant of the immigration consequences of a guilty plea, a fact defendant does not contest. Seven years later, after defendant successfully completed probation; after he successfully had his guilty plea withdrawn, a not guilty plea entered, and the case dismissed pursuant to Penal Code section 1203.4; and after he subsequently pled guilty to two counts of robbery (Pen. Code, § 211) in another Orange County case, defendant brought what he styled as a nonstatutory motion to set aside his conviction in this matter based on counsel’s alleged ineffectiveness for not explaining the immigration consequences of his guilty plea.

Defendant recognizes he does not qualify for relief under habeas corpus or error coram nobis. He maintains a nonstatutory motion is required by the United States Supreme Court’s opinion in Padilla v. Kentucky (2010) 559…