PEOPLE v. BAROCIO

Docket No. F011040.

216 Cal.App.3d 99 (1989)

264 Cal. Rptr. 573

THE PEOPLE, Plaintiff and Appellant, v. PEDRO BAROCIO, Defendant and Respondent.

Court of Appeals of California, Fifth District.

November 29, 1989.


Attorney(s) appearing for the Case

COUNSEL

John K. Van de Kamp, Attorney General, Steve White, Chief Assistant Attorney General, Arnold O. Overoye, Assistant Attorney General, Jane N. Kirkland and Edmund D. McMurray, Deputy Attorneys General, for Plaintiff and Appellant.

Rusca & Bumanglag and George Bumanglag for Defendant and Respondent.


OPINION

FRANSON, P.J.

The issues presented by this appeal are whether counsel's failure to advise respondent of his right to request a recommendation against deportation (RAD) from the sentencing court pursuant to 8 United States Code section 1251(b)(2), where defendant was subject to deportation as a result of his conviction, rendered counsel's assistance constitutionally ineffective. And, if counsel was ineffective, what is the...

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