Trial court’s denial of defendant’s motion to vacate a 1988 conviction for marijuana related crimes, resulting in his deportation from the US in 1995 where he returned two years later illegally, is affirmed where: 1) defendant entered his guilty pleas with advisement by the court of the possible immigration consequences; and 2) since the court gave a proper alien status advisement, defendant’s remaining claims are not wrongs encompassed by the scope of Penal Code section 1016.5. 

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Appellate Information

Filed December 11, 2009

Judges

Opinion by Judge Gomes

CounselFor Appellant:   Law Offices of Brian D. Lerner, Brian D. Lerner and Christopher A. Reed

For Appellee:   Edmund G. Brown, Jr., Attorney General, Michael P. Farrell, Assistant Attorney General, Carlos A. Martinez and Wanda Hill Rouzan, Deputy Attorneys General

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