People v. Arriaga
Annotate this CaseIn 1986, Defendant, a native of Mexico and a lawful permanent resident of the United States, pled guilty to possessing a sawed-off shotgun. In 2010, Defendant moved to vacate his conviction, asserting that he had not been given the required immigration advisements when he entered his guilty plea. The trial court denied Defendant’s motion. The court of appeals affirmed. The Supreme Court affirmed, holding (1) a certificate of probable cause is not required to appeal a trial court’s denial of a motion to vacate a conviction under Cal. Penal Code 1016.5; (2) when proof of the required immigration advisements is not adequately shown on the record, the prosecution must prove by a preponderance of the evidence that the advisements were given; and (3) the evidence in this case supported the trial court’s finding that Defendant was told of the immigration consequences of pleading guilty.
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