California Court of Appeal

Trial court improperly granted defendant's motion to vacate his guilty plea on the grounds that his attorney's failure to admonish him of the mandatory immigration consequences of his plea constituted ineffective assistance of counsel, where: 1) a motion to vacate the judgment in the nature of coram nobis is not a proper vehicle for relief from a constitutional violation of the defendant's right to effective assistance of counsel; 2) even if defendant's motion was treated as a petition for writ of habeas corpus, it should have been denied as untimely and duplicative; and 3) there was no evidence from the defendant that he would have rejected the offer and gone to trial had he been properly advised of immigration consequences.

Appellate Information

• Decided 02/14/2013
• Published 02/14/2013

Judges

• RAMIREZ

Court

• California Court of Appeal

Counsel