P. v. Moreno
Appellant, Jaime Pineda Moreno, appeals from the trial court’s denial of his petition, pursuant to Penal Code section 1016.5,[1] to vacate his 1993 conviction in case No. 482591-5 for sale of marijuana (Health & Saf. Code, § 11360, subd. (a)). He contends he was not adequately advised of the immigration consequences of his plea as required by section 1016.5.[2] We conclude that a motion to vacate a judgment for failure to give the section 1016.5 advisements is an attack on the validity of the plea. As such, an appeal from the denial of such a motion requires the defendant to obtain a certificate of probable cause from the trial court in compliance with section 1237.5. Because appellant did not obtain the requisite certificate of probable cause, we dismiss the appeal.
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