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PEOPLE v. CHIEN

No. H031010.

72 Cal.Rptr.3d 448 (2008)

159 Cal.App.4th 1283

The PEOPLE, Plaintiff and Respondent, v. Rocky CHIEN, Defendant and Appellant.

Court of Appeal of California, Sixth District.

February 7, 2008.

Attorney(s) appearing for the Case

Michael P. Thorman, Vallejo, for Appellant.

Edmund G. Brown, Jr., Attorney General of the State of California, Dane R. Gillette, Chief Assistant Attorney General, Gerald A. Engler, Senior Assistant Attorney General, Martin S. Kaye, Supervising Deputy Attorney General, Catherine A. Rivlin, Supervising Deputy Attorney General, for Respondent.

MIHARA, Acting P.J.

On August 13, 1998, defendant Rocky Chien pleaded no contest to possession for sale of methamphetamine (Health & Saf. Code, § 11378). In October 2006, defendant moved to vacate his conviction and set aside his plea pursuant to Penal Code section 1016.51 on the ground of ineffective assistance of counsel. Defendant argued that his counsel failed to apprise him of, and to defend against, the adverse immigration...

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