People v. Gutierrez

Opinion

RUBIN, J.

Defendant Hector Cortez Gutierrez (appellant) appeals from the denial of his motion to set aside his guilty plea to a charge of attempted carjacking. He contends that the trial judge did not adequately explain to him the immigration consequences of his plea as required by Penal Code section 1016.5, and, therefore, the plea must be set aside under that statute. We conclude that the trial court complied with the legislative mandate when the plea was entered and properly denied appellant’s subsequent motion to vacate. Accordingly, we affirm.

Procedural History

As the case comes to…