(Download) "People V. Superior Court Of San Joaquin County" by California Supreme Court # eBook PDF Kindle ePub Free
eBook details
- Title: People V. Superior Court Of San Joaquin County
- Author : California Supreme Court
- Release Date : January 05, 2000
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 102 KB
Description
Defendant and real party in interest Jose Francisco Zamudio was advised, when pleading no contest in 1992 to the felony of unlawful driving or taking of a vehicle without the owner's consent (Veh. Code, § 10851), that conviction of that offense might have the consequences of his being deported or barred from naturalizing to U.S. citizenship, but he was not advised the conviction might also result in his being excluded from admission to this country (Pen. Code, § 1016.5, subd. (a)). *fn1 Upon defendant's motion, the trial court permitted him to withdraw his 1992 plea, vacated the judgment of conviction and reset the matter for trial. (Id., subd. (b).) We conclude that the Court of Appeal, which summarily denied the People's petition for writ relief, thereby contravened the legislative intent underlying section 1016.5. Accordingly, we reverse the decision of the Court of Appeal.
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