PEOPLE v. GONTIZ

Docket Nos. C023943, C024449.

58 Cal.App.4th 1309 (1997)

THE PEOPLE, Plaintiff and Respondent, v. FERNANDO DELGADO GONTIZ, Defendant and Appellant.

Court of Appeals of California, Third District.

October 31, 1997.


Attorney(s) appearing for the Case

COUNSEL

Charles V. Stebley for Defendant and Appellant.

Daniel E. Lungren, Attorney General, George Williamson, Chief Assistant Attorney General, Robert R. Anderson, Assistant Attorney General, Roger E. Venturi, Carlos A. Martinez and Ward A. Campbell, Deputy Attorneys General, for Plaintiff and Respondent.


OPINION

MORRISON, J.

In two separate cases defendant moved to vacate his guilty pleas on the ground that when he entered them he had not been advised of all the possible immigration consequences, as required by Penal Code section 1016.5 (section 1016.5). In both cases the trial courts denied his motions. We shall reverse.

Normally a motion to vacate a plea based on misadvisement or omission of a collateral consequence requires...

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