People v. Camacho
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Defendant appealed the trial court's denial of his motion, pursuant to Penal Code section 1473.7, to vacate his conviction for possession of marijuana for sale, on the ground that prejudicial errors were made which damaged defendant's ability to understand or defend against the adverse immigration consequences of his nolo contendere plea. During the pendency of defendant's appeal, the Legislature amended section 1473.7.
The Court of Appeal reversed the trial court's judgment and held that the evidence supported defendant's motion. In this case, the facts established by defendant's declaration and testimony showed not only counsel error, but also included defendant's own error in believing that a negotiated plea calling for no time in custody would avoid making him deportable, and in not knowing that his plea would subject him to mandatory deportation and permanent exclusion from the United States. Therefore, the court held that defendant satisfied the required showing that errors damaged his ability to meaningfully understand, defend against, or knowingly accept the actual or potential adverse immigration consequences of his plea and such errors prejudiced him.
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