P. v. Tran CA2/7
In 2007, Lap Phuoc Tran was facing up to seven years in prison, pleaded guilty under a negotiated plea agreement and received a prison term of three years. Before his plea, he signed an advisement of rights, waiver and plea form. He acknowledged that if he was not a citizen of the United States, his plea would result in deportation, exclusion from admission or reentry, and denial of naturalization or amnesty in the United States.
Thirteen years later, he moved to vacate his conviction under Penal Code sections 1016.5 and 1473.7, subdivision (a)(1), arguing that his advisement was inadequate and that had he understood he would be deported, he would not have pleaded guilty. The trial court denied his motion.
We affirm.
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