FAILURE TO ADVISE ON IMMIGRATION CONSEQUENCES DURING THE PLEA
FAILURE TO ADVISE ON IMMIGRATION CONSEQUENCES DURING THE PLEA
Penal Code sec. 1016.5 requires trial courts to advise defendants during the taking of a plea about possible immigration consequences. A failure to so advise requires the court to set the plea aside, on a showing that the defendant faces adverse immigration consequences and that prejudice resulted from the non-advisement.
In this case, the defendant was advised of immigration consequences at arraignment, but not during the plea several weeks later. The Court of Appeal says that the 1016.5 advisement must
be during the plea itself, not just on some other date.
The case is reversed and remanded to determine whether the defendant can show prejudice.
People v. Akhile; 2008 DJ DAR 15654; DJ, 10/13/08; C/A 1st
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