Supreme Court of California

In a challenge to defendant's conviction to possessing a sawed-off shotgun pursuant to a guilty plea, twenty-four years after the conviction, the trial court's motion to vacate his conviction is affirmed, where: 1) a certificate of probable cause is not required to appeal a trial court's order denying a motion to vacate a conviction under Penal Code section 1016.5; 2) when, as here, proof of the required immigration advisements is not adequately shown in the record, the prosecution prove by a preponderance of the evidence that the advisements were given; and 3) the trial court reasonably found that the prosecution did carry its burden of proving that defendant received the proper immigration advisements.

Appellate Information

• Decided 04/07/2014
• Published 04/07/2014

Judges

• KENNARD

Court

• Supreme Court of California

Counsel