Defendant entered a negotiated guilty plea to unlawful possession of cocaine and was sentenced to 24 months' 1st-offender probation, or "410 probation". Less than 2 years later, INS notified Defendant that he was charged with being subject to deportation based on guilty plea relating to controlled substance, and he was ordered deported. As consequences of guilty plea to this offense are clear, certain and succinct (as Defendant was automatically subjected to deportation with no opportunity for discretionary relief, based on his guilty plea to this offense and 410 probation), trial counsel cannot satisfy his obligation with advice that is vague and equivocal. Court's admonishments did not definitively articulate immigration consequences of plea.Defendant's petition for ineffective assistance of counsel stated the gist of claim of deficient performance and a meritorious allegation of prejudice.(McLAREN and SPENCE, concurring.)
Illinois Appellate Court
Criminal Court
Ineffective Assistance of Counsel