People v. Valdez

This case presents question as to whether trial court properly denied defendant-noncitizen’s motion to withdraw his guilty plea to burglary charges, even though defendant argued that his counsel was ineffective by failing to advise him that he could be deported as result of his plea. Trial court found that while trial counsel’s lack of advise on deportation issue was deficient, it did not entitle defendant to withdraw his guilty plea where trial had admonished defendant during plea colloquy that his plea may have adverse immigration consequences. Appellate Court, in reversing trial court, found that defendant’s motion to withdraw his guilty plea should have been granted, where: (1) deportation consequences associated with his guilty plea were “truly clear;” and (2) defendant established reasonable probability that he would not have pleaded guilty had he been advised that his guilty plea mandated deportation, where record suggested that he was pleading guilty to avoid deportation. (Dissent filed.)