People v. Totari

Opinion

CHIN, J.

Penal Code section 1016.5 1 requires that, before accepting a plea of guilty or nolo contendere to any criminal offense, the trial court must advise the defendant that if he or she is not a United States citizen, conviction of the offense may result in deportation, exclusion from admission to the United States, or denial of naturalization. The statute allows the defendant to move to vacate the judgment if the trial court fails to give the required advisements. In People v. Superior Court (Zamudio) (2000) 23 Cal.4th 183, 203-204 [96 Cal.Rptr.2d 463, 999 P.2d 686] (Zamudio), we…