People v. Akhile

Opinion

SIMONS, J.

To ensure that noncitizens are aware of potential immigration consequences before they enter a plea of guilty or no contest to a criminal charge, Penal Code section 1016.5, subdivision (a), 1 sets out a specific advisement for the trial court to provide “[pjrior to acceptance” of the plea. When the trial court fails to provide this advisement, the defendant is entitled to have the plea vacated, after making a showing that he or she faces an adverse immigration consequence due to the conviction and was prejudiced by the nonadvisement. The trial court denied appellant Fred…