P. v. Garcia
In 1994, Juan Carlos Garcia pleaded no contest to one count of second degree burglary of an automobile. (Pen. Code, § 459.) In 2009, Garcia filed a motion to vacate the no contest plea, a petition for writ of error coram nobis and a petition for writ of habeas corpus. These pleadings sought to set aside the no contest plea entered in 1994 on the grounds the trial court failed to advise Garcia of the immigration consequences of his plea as required by Penal Code section 1016.5, subdivision (a), and defense counsel rendered ineffective assistance.[1] The trial court denied the motion.
We conclude the advisement given to Garcia at the time he entered the no contest plea substantially complied with section 1016.5, subdivision (a). We further conclude Garcia's claim of ineffective assistance of counsel cannot be raised in the context of a statutory motion under section 1016.5 or in a petition for writ of error coram nobis and habeas corpus relief is unavailable to Garcia as he is not presently in custody as a result of the burglary conviction.
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