Carjacking guilty plea ordered vacated based on failure to understand immigration consequences (PC 1473.7(a)(1)). Defendant sufficiently established his ignorance that conviction would lead to certain loss of asylum status and removal from the country, in part based on trial counsel notes stating that defendant was advised of “potential” immigration consequences only. The lack of declaration from trial counsel and the prosecutor’s advisement that conviction “will” result in deportation did not negate this showing. Prejudice was established despite the prosecutor also advising it would not offer immigration-safe plea, as the inability to secure more favorable plea was not dispositive as to whether a properly advised defendant would have still chosen to plead guilty.

The full opinion is available on the court’s website here: https://www4.courts.ca.gov/opinions/documents/B331764.PDF