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California Court of Appeal


P. v. Akhile, A119729

Following conviction for grand theft by embezzlement, denial of Nigerian national defendant's motion to vacate his guilty plea is reversed and remanded where: 1) Penal Code section 1016.5 requires specific advisement for the trial court to provide "[p]rior to acceptance" of the plea to ensure that noncitizens are aware of the immigration consequences before they enter a plea of guilty or no contest to a criminal charge; and 2) advice should have been provided during the taking of the plea.

Appellate Information

  • Decided 10/10/2008
  • Published 10/10/2008

Judges

  • SIMONS, J.

Court

  • California Court of Appeal

Counsel

  • For Appellees:
  • Sara E. Coppin and Robert B. Jobe, San Francisco, for Defendant and Appellant., Edmund G. Brown, Jr., Attorney General, Dane R. Gillette, Chief Assistant Attorney General, Gerald A. Engler, Assistant Attorney General, Catherine A. Rivlin and Allen Yannow, Deputy Attorneys General for Plaintiff and Respondent.
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