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Indigent Defendant Is Entitled to Lawyer at Vacatur Hearing

Div. Five of this district’s Court of Appeal has held that an indigent defendant seeking relief from criminal convictions, on the ground that he was not properly advised of the immigration consequences of being found guilty, is entitled to an appointed attorney to represent him at the evidentiary hearing regardless of whether he is present in court or unable to appear due to being detained pursuant to deportation proceedings.

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