People v. Olvera

Defendant appealed an order denying his motion to vacate judgment and withdraw his 2005 plea of no contest to one count of conspiracy to transport cocaine for sale. The Court of Appeal held that the motion was timely under a new statute, Penal Code 1473.7, that allowed him to move to vacate a plea that has unexpected immigration consequences as a result of ineffective assistance if the motion was brought with "due diligence" after deportation proceedings commenced. However, defendant failed to demonstrate that his counsel's performance was deficient. In this case, counsel advised defendant in writing to assume that the plea "will" have deportation consequences and defendant failed to identify any alternate immigration-neutral disposition that counsel could have negotiated on his behalf. Accordingly, the court affirmed the trial court's denial of defendant's motion. View "People v. Olvera" on Justia Law