Cal.Sup.Ct.;
S199339
The California Supreme Court affirmed a decision of the court of appeal. The court held that no certificate of probable cause was required to appeal the denial of a motion to vacate a judgment of conviction based on an alleged failure to advise the defendant regarding the immigration consequences of his or her guilty or no contest plea. The court held further that a preponderance of the evidence was sufficient to rebut the presumption of nonadvisement where the record fails to show that the proper advisements were given.
