P. v. Duarte CA6
Sergio Alcantar Duarte, a noncitizen of the United States, challenges the trial court’s denial of his motion under Penal Code section 1473.7 to withdraw a 2002 guilty plea to statutory rape. Defendant argues he did not meaningfully understand the immigration consequences of his plea (considered “immigration safe” in 2002), in light of a 2017 United States Supreme Court opinion defining “sexual abuse of a minor” under the Immigration and Nationality Act to encompass his offense. For the reasons stated here, we will affirm.
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