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Name: People v. Carty
Case #: B164008
Court: CA Court of Appeal
District 2 DCA
Division: 1
Opinion Date: 07/31/2003

The defendant filed a writ of coram nobis on the ground that because the court failed to advise him of the immigration consequences of his plea as required by Penal Code section 1016.5, subdivision (a), he was unaware of the consequences of his plea. The appellate court held the writ was properly denied, because the correct remedy was a statutory motion to vacate the judgment under Penal Code section 1016.5, subdivision (b). However, the court remanded to the trial court for consideration of the petition as a statutory motion.