Legal Opinion

In re Hernandez

California Court of Appeal, 5th District

Decided March 26, 2019No. G054623PublishedCited by 9 opinions

1Opinion of the CourtFybel, J.

INTRODUCTION

We grant Reyna Perez Hernandez's petition for writ of habeas corpus seeking to have her conviction for possession of methamphetamine for the purpose of sale in violation of Health and Safety Code section 113781 vacated and the opportunity to withdraw her guilty plea. The record both shows her appointed trial counsel failed to advise her before she entered her guilty plea that her plea would subject her to mandatory deportation, and contains evidence, including contemporaneous objective evidence, she would not have entered *898her guilty plea had she been so advised. We publish this…

2Cases cited20 opinions

  1. Miranda v. ArizonaSupreme Court of the United States · 1966
  2. Padilla v. KentuckySupreme Court of the United States · 2010
  3. Carafas v. LaValleeSupreme Court of the United States · 1968
  4. Jae Lee v. United StatesSupreme Court of the United States · 2017
  5. People v. HillCalifornia Court of Appeal · 1998

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3Cited by9 opinions

  1. People v. VivarCalifornia Supreme Court · 2021
  2. Graves v. CovelloDistrict Court, N.D. California · 2024
  3. In re ParksCalifornia Court of Appeal · 2021
  4. People v. BravoCalifornia Court of Appeal · 2021
  5. People v. ChenCalifornia Court of Appeal · 2019

4 more not listed; retrieve them via the Exa API.

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