California, United States of America
The following excerpt is from People v. Cortez, B266842 (Cal. App. 2016):
Under Penal Code section 1016.5, before accepting a guilty plea, the court must administer the following advisement to the defendant: "If you are not a citizen, you are hereby advised that conviction of the offense for which you have been charged may have the consequences of deportation, exclusion from admission to the United States, or denial of naturalization pursuant to the laws of the United States."1 ( 1016.5, subd. (a).) The defendant may vacate the guilty plea if the court fails to provide this advisement, and the defendant shows his or her conviction may result in deportation, exclusion from the country, or denial of naturalization. ( 1016.5, subd. (b).) We review the court's ruling on a motion to vacate under section 1016.5 for abuse of discretion. (People v. Superior Court (Zamudio) (2000) 23 Cal.4th 183, 192.)
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