People v. Gutierrez 

Illinois Appellate Court
Criminal Court
Postconviction Petitions
Citation
Case Number: 
No. 1-09-3499
Decision Date: 
Thursday, June 30, 2011
District: 
1st Dist.
Division/County: 
Cook Co., 2d Div.
Holding: 
Affirmed in part and vacated in part.
Justice: 
KARNEZIS
(Court opinion corrected 7/20/11.) Defendant pled guilty to one count of first degree murder, after Rule 402 conference during which State presented factual basis for plea. Defendant filed application for leave to file a successive postconviction petition claiming that court and his trial counsel had failed to inform him that guilty plea would subject him to deportation. Court's failure to admonish Defendant of possible immigration consequences is not a constitutional violation and is thus not cognizable under Post Conviction Hearing Act. (CUNNINGHAM and HARRIS, concurring.)