P. v. Dang
Defendant Tai Anh Dang, a lawful permanent resident of the United States, appeals from an August 24, 2005 order denying his motion to vacate his December 1996 plea of no contest to committing a lewd act upon a child under the age of 14 (Pen. Code, S 288, subd. (a)). Defendant contends, as he did below, that he received ineffective assistance of counsel because his attorney misadvised him of the immigration consequences of his plea and failed to attempt to obtain an alternative plea agreement that would have avoided the actual consequences. Defendant also contends that he may appeal from the denial of his post judgment motion to vacate his plea which raised his ineffective assistance of counsel claim. Court disagree with this latter claim, and therefore dismiss the appeal.
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