The People v. Martinez

Summary

The court held that prejudice under Penal Code section 1016.5 turns on whether the defendant would have rejected the plea after receiving the required immigration advisement, not on whether rejecting the plea would probably have produced a better result. A defendant may establish prejudice by showing he would have rejected the existing bargain to pursue or attempt to negotiate an immigration-neutral bargain, even if trial or renegotiation might not have produced a more favorable outcome. The judgment was reversed and the matter remanded for a hearing applying that standard.