People v. DeJesus
Annotate this CaseThe Court of Appeal affirmed the trial court's order denying defendant's motion to vacate and withdraw his plea of no contest to assault with a firearm. The court held that defendant's plea was not legally invalid where he failed to offer sufficient evidence of a prejudicial error which damaged his ability to defend against the adverse immigration consequences of his plea. In this case, he failed to show by a preponderance of the evidence that his plea was legally invalid within the meaning of Penal Code section 1473.7. Furthermore, based on defendant's custodial status, he was not eligible for relief under the statute.
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