In 2006, Mr. Arendtsz pleaded guilty to sexual battery, PC 243.4. Before Arendtsz pleaded, the prosecutor twice asked him if he understood that pleading guilty to this crime "will result in your deportation" and twice Arendtsz answered "yes".
Come 2015 and Arendtsz files a motion to withdraw his 2006 plea under PC 1016.5, stating he was never informed that pleading guilty would subject him to mandatory deportation. The trial court denied the motion and Arendtsz appeals.
The Second District affirms.
I am not sure why this opinion was ordered to be published. Maybe it's because Arendtsz makes some novel arguments (required since the advisement given was more specific than required under 1016.5), the repetition of which the panel wants to prevent.
It bears repeating that if you are an alien criminal defendant, hiring a competent immigration attorney before you plead guilty will be money well spent.
No comments:
Post a Comment