California, United States of America
The following excerpt is from People v. Galan, B290208 (Cal. App. 2018):
As explained below, we see no error in the trial court's ruling. Our focus is on section 1473.7, as appellant forfeited any contention of error relating to section 1016.5, in view of defense counsel's withdrawal of the motion to the extent it relied on that statute. (People v. Reed (2018) 4 Cal.5th 989, 1011.)4
1. No Ineffective Assistance of Counsel
We begin with appellant's contention that her counsel rendered ineffective assistance regarding the immigration consequences of her pleas. "In order to demonstrate ineffective assistance of counsel, a defendant must first show counsel's performance was 'deficient' because his 'representation fell below an objective standard of reasonableness . . . under prevailing professional norms.' [Citations.] Second, he must also show prejudice flowing from counsel's performance or lack thereof. [Citations.]" (People v. Jennings (1991) 53 Cal.3d 334, 357.)
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