People v. Guzman

Illinois Appellate Court
Criminal Court
Guilty Pleas
Citation
Case Number: 
2011 IL App (3d) 090464
Decision Date: 
Tuesday, December 20, 2011
District: 
3d Dist.
Division/County: 
Will Co.
Holding: 
Reversed and remanded.
Justice: 
LYTTON
Defendant entered negotiated guilty plea to aggravated possession of stolen firearms. Trial court failed to admonish Defendant, under Section 113-8 of Code of Criminal Procedure, of legal immigration consequences of his plea. Defendant was denied effective assistance of counsel in failing to inform Defendant of potential effect of his conviction, as federal immigration law identifies that an alien convicted of possession of firearm in violation of any law is deportable, and thus consequences of plea and conviction are obvious: deportation is presumptively mandatory. (HOLDRIDGE, concurring; McDADE, dissenting.)