April 4, 2014
On Monday morning, the Supreme Court will file its opinion in People v. Arriaga. Arriaga, which was argued in February, raises these issues: (1) Must a defendant obtain a certificate of probable cause in order to appeal the denial of a motion to withdraw a guilty plea for failure by the court or counsel to advise the defendant of the immigration consequences of the plea in accordance with Penal Code section 1016.5? (2) Can the People overcome, by a preponderance of the evidence, the presumption that advisements were not given or must the presumption be overcome by clear and convincing evidence?
The opinion can be viewed online Monday beginning at 10:00 a.m.