The California Court of Appeal, Second Appellate Division, has held that a trial court’s advisement of possible immigration consequences under Penal Code 1016.5 does not substitute for an attorney’s specific advisement of whether those consequences will, in fact, attach to their client’s plea. In this case, the defendant challenged a 1991 conviction for possession for sale of cocaine base, asserting that her defense counsel did not tell her that she would be permanently ineligible for permanent residency if she accepted the plea. The appellate court reversed the denial of her motion to vacate under Penal Code 1473.7.
The full text of People v. Ruiz can be found here: