P. v. Perez CA6
In 2015 defendant Armando Sanchez Perez moved under Penal Code section 1016.5 to vacate a 1993 guilty plea to assault with a deadly weapon, based on his assertion that he had not been advised of the immigration consequences of the plea. The trial court denied the motion, based on its finding that defendant had shown no prejudice from the absence of the required advisements. On appeal, defendant contends that the trial court abused its discretion in denying his motion, by relying on an erroneous assumption that there actually were no adverse immigration consequences to the plea. We find no abuse and therefore must affirm the order.
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