People v. Guzman-Ruiz

Illinois Appellate Court
Criminal Court
Ineffective Assistance of Counsel
Citation
Case Number: 
2014 IL App (3d) 120150
Decision Date: 
Thursday, March 6, 2014
District: 
3d Dist.
Division/County: 
Rock Island Co.
Holding: 
Reversed and remanded.
Justice: 
WRIGHT
Court's admonishments as to collateral immigration consequences,upon guilty plea to unlawful possession of cannabis did not overcome ineffective assistance of defense counsel, as court minimized concerns about risk of deportation and thus reinforced counsel's deficient advice.Court should determine whether Defendant knew, based on defense counsel's advice, that admitting a certain offense would accelerate deportation. (O'BRIEN, concurring; SCHMIDT, dissenting).