California Court of Appeal

The trial court's denial of defendant's post-conviction motion to vacate his no-contest plea and conviction for felony firearm possession is affirmed, where: 1) defendant alleged that his counsel failed to advise him as to the immigration consequences of his plea; 2) even if jurisdiction existed to hear the merits of defendant's motion, the trial court would lack discretion to grant the requested relief because all potentially available remedies are foreclosed to defendant; and 3) a writ of error coram nobis, based on a claim of ineffective assistance of counsel for failure to advise the defendant of the immigration consequences of his or her plea, cannot be used to challenge a conviction or withdraw the plea.

Appellate Information

• Decided 06/18/2014
• Published 06/18/2014

Judges

• CHANEY

Court

• California Court of Appeal

Counsel