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Name: People v. Castro-Vasquez
Case #: B192721
Court: CA Court of Appeal
District 2 DCA
Division: 4
Opinion Date: 03/26/2007

Prior to accepting a guilty or no contest plea, the trial court must advise the defendant pursuant to Penal Code section 1016.5 that as a result of the conviction, he may be subject to deportation, exclusion, or denial of naturalization of immigration consequences. In a motion to withdraw his plea because of failure to advise of immigration consequences, a defendant must show that it was reasonably probable he would not have pleaded guilty if properly advised. (People v. Zamudio (2000) 23 Cal.4th 183, 210.) The trial court used the wrong standard by ruling that appellant failed to…

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