People v. Martinez

Pursuant to the terms of a plea bargain, Defendant, who was an eighteen-year-old citizen of Mexico at the time, pleaded guilty to the sale or transportation of marijuana. After completing his probation, Defendant sought an adjustment in status to lawful permanent residency. Defendant's application was denied because of his conviction, and removal proceedings were initiated against him. Defendant filed a motion to vacate his conviction pursuant to Cal. Penal Code 1016.5, asserting that had he known the immigration consequences of pleading guilty, he would have rejected the plea offer. The only issue adjudicated at the hearing on Defendant's motion was whether he would have received a more favorable outcome had he rejected the plea bargain. The trial court denied the motion without considering the possibility Defendant might have rejected the plea bargain even if it were not reasonably probable he would have received a more favorable outcome. The Supreme Court reversed, holding (1) relief is available under section 1016.5 if the defendant establishes he would have rejected the existing bargain to accept or attempt to negotiate another; and (2) the trial court applied the incorrect test for prejudice in this case. Remanded. View "People v. Martinez" on Justia Law