Defendant pled guilty to aggravated unlawful use of a weapon (AUUW). He filed a motion to withdraw his guilty plea and vacate the judgment because he was not told of immigration consequences of plea. Court properly denied Defendant's motion to vacate. Court received neither a specific nor a general warning about possible immigration consequences. However, motion to reduce bond and arrest report said that Defendant was a life-long residenc of Cook County and born in Illinois. As this objective documentation would inform defense counsel that Defendant was a U.S. citizen, and no information to the contrary, counsel did not act unreasonably in failing to advise Defendant of possible immigration consequences of a guilty plea. (PIERCE and WALKER, concurring.)
Illinois Appellate Court
Criminal Court
Weapons