People v. Guzman

This case presents question as to whether defendant is entitled to withdraw his guilty plea where defendant's trial counsel failed to admonish defendant of legal immigration consequences if he pleaded guilty. Appellate Court, in reversing trial court's denial of defendant's motion to withdraw his guilty plea and noting that defendant had already been deported because of said plea, found that counsel's failure to advise defendant of deportation consequences resulted in prejudice to defendant and rendered his guilty plea involuntary since: (1) defendant need only show that he rationally would have gone to trial but for counsel's failure to advise him of risk of deportation; and (2) given certainty of defendant's deportation, defendant could have rationally decided to reject plea agreement rather than accept plea agreement that guaranteed deportation. (Dissent filed.)