P. v. Martinez
Defendant and appellant David Martinez (defendant) pleaded guilty to two counts of perjury pursuant to a plea agreement. While on probation, he filed an unsuccessful habeas corpus petition seeking to vacate his conviction on the ground that he was not advised of the adverse immigration consequences of his plea. Thereafter, he filed a nonstatutory motion in the trial court to vacate his conviction on the same ground. The trial court ruled that it lacked jurisdiction to hear that motion and therefore denied it.
On appeal, defendant contends that the trial court had inherent jurisdiction to remedy the violation of his constitutional right to be advised of the immigration consequences of his plea. We hold that the trial court properly denied defendant’s nonstatutory motion to vacate his conviction. We therefore affirm the order from which defendant appeals.
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