Posted On: December 14, 2009
LAW OFFICES OF MARY PREVOST: WHAT HAPPENS WHEN AN ATTORNEY FAILS TO ADVICE ON IMMIGRATION CONSEQUENCES?
I'm not quite sure why this case is published. California Penal Code sec. 016.5 requires the court to advise a def. of potential immigration consequences of a plea. The 1016.5 advisement was given here. The California Court of Appeal rules that the def. can't get relief under 1016.5 when 1016.5 was complied with. They also rely on the recent Kim case (45 Cal.4th 1078) to reject other challenges by this defendant to his plea.
People v. Limon; 2009 DJ DAR 17333; DJ, 12/14/09; C/A 5th
