(dissenting) — Our review of an error of claimed constitutional magnitude is conditioned upon a showing of actual prejudice. State v. McFarland, 127 Wn.2d 322, 333, 899 P.2d 1251 (1995). I do not believe that Leonardo Acevado Oseguera has affirmatively demonstrated actual prejudice. And I would therefore conclude that he has not presented a manifest error reviewable under RAP 2.5(a)(3).4 McFarland, 127 Wn.2d at 334.
Neither this record nor Mr. Oseguera’s argument shows any likelihood that he would have rejected the plea agreement had community placement been listed as a consequence of his plea. The record here demonstrates, for me, the contrary. He was already on community placement *239for a previous drug possession conviction at the time of this offense. During the plea hearing, the court asked Mr. Oseguera: "[D]o you understand that when you get out of prison you would be supervised by the Department of Corrections if you remain in the country, and you would have to do what the Department of Corrections tells you[?]” Mr. Oseguera responded: "Yes. He came to talk to me.” The court then accepted the guilty plea and set a date for sentencing. This convinces me that Mr. Oseguera was aware that community placement was a consequence of his conviction. And as a necessary corollary, he has not met his burden of showing that he would not likely have pleaded guilty if he had been warned of the mandatory community placement.
Moreover, it is unlikely that the community placement mandated by former RCW 9.94A.120(8)(a) (now RCW 9.94A.120(9)(a)) for a drug felony offense would even apply to Mr. Oseguera. He was in this country illegally when he committed the crime and will be deported as soon as he is released from prison. Again, he has not demonstrated the actual prejudice necessary to raise a constitutional issue for the first time on appeal. RAP 2.5(a)(3); McFarland, 127 Wn.2d at 332-33.
I would affirm the trial court.
Review granted at 134 Wn.2d 1028 (1998).
RAP 2.5(a) provides in part:
"The appellate court may refuse to review any claim of error which was not raised in the trial court. However, a party may raise the following claimed errors for the first time in the appellate court: ... (3) manifest error affecting a constitutional right.”