P. v. Aquino CA2/7
Pursuant to a negotiated plea agreement, Juan Carlos Aquino pleaded no contest in 2007 to two counts of second degree robbery and admitted he had personally used a firearm in the commission of those offenses. Aquino’s counsel advised him during the plea hearing that Aquino could lose his legal residency and be deported as a consequence of his plea. In 2018, following completion of his state prison sentence and placement in federal custody on an immigration hold, Aquino moved pursuant to Penal Code section 1473.7 to vacate his convictions, arguing his trial counsel was constitutionally ineffective in failing to warn him that deportation was a mandatory, rather than simply a possible, consequence of his plea. The trial court denied the motion on the ground his counsel’s warning was adequate and, in any event, Aquino had not shown prejudice. We affirm.
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