P. v. Castro
Defendant Javier Antonio Castro pleaded guilty in 1997 to one count of transporting, selling, or offering to sell marijuana. He was granted probation on the condition that he serve six months in county jail. Thirteen years later, federal proceedings were initiated to remove him from this country based upon his having been previously convicted of violating a law related to a controlled substance. In March 2011, defendant brought a motion to vacate the 1997 conviction, claiming that prior to pleading guilty to the drug offense, he had not been advised concerning the immigration consequences of that plea. The court denied the motion.
Defendant claims that the court abused its discretion in denying his motion to vacate the conviction. We conclude that the court did not abuse its discretion and will therefore affirm the order entered on the denial of the motion to vacate.
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