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Name: People v. Gari
Case #: G044493
Court: CA Court of Appeal
District 4 DCA
Division: 3
Opinion Date: 09/12/2011
Summary

The entry of a plea of guilty, without paying heed to the dates alleged and without knowledge of the legal significance of the plea to a revocation of citizenship, may not be set aside through a petition for writ of coram nobis or by a motion to withdraw the plea based on Penal Code section 1016.5. Gari made representations on his citizenship application that he had not committed any crimes since filing his petition. However, he later pled guilty to ten counts of child molestation which included dates covered by his citizenship petition. Once the federal authorities initiated proceedings to revoke citizenship based on the false statements, he moved to set aside his guilty plea on the basis that he was not admonished about this consequence of the plea, or in the alternative, by treating the motion as a petition for writ of error coram nobis. The trial court granted relief on “equitable grounds” and the prosecution appealed. The admonishment required by section 1016.5 does not cover these circumstances. The citizenship is not in jeopardy because of the offenses that he pled guilty to, but because he failed to disclose those crimes on his application. There is no requirement that the trial court give advice about this type of collateral consequence.