Defendant pled guilty to conspiracy to commit offense of unlawful possession of more than 5000 grams of cannabis. That offense falls under the same federal statute as Defendant in U.S. Supreme Court decision of Padilla v. Kentucky, and provided for mandatory deportation.Plea counsel was required to inform Defendant that deportation was presumptively mandatory for him. Remanded to determine whether plea counsel's advice to Defendant as to deportation consequences satisfied requirement in Padilla. Postplea counsel labored under pro se conflict of interest, because he represented the State during Defendant's case, and later represented Defendant during his motion to withdraw guilty plea.(HOLDRIDGE, specially concurring; SCHMIDT, specially concurring.)
Illinois Appellate Court
Criminal Court
Guilty Pleas