Is a defendant entitled to an ineffective assistance of counsel claim because his attorney failed to properly advise him of the consequences of his guilty plea?

California, United States of America

The following excerpt is from People v. Cayetano, G049254 (Cal. App. 2014):

In June, represented by his current attorney, defendant filed a nonstatutory motion to vacate his conviction and reopen the case. Citing Padilla v. Kentucky (2010) 559 U.S. 356 [130 S.Ct. 1473, 176 L.Ed.2d 284] (attorney's failure to properly advise a defendant concerning the immigration consequences of a guilty plea may support an ineffective assistance of counsel claim), the motion asserted Solis failed to investigate the immigration consequences of the guilty plea or inform defendant of them.

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