People v. Pena-Romero

Illinois Appellate Court
Criminal Court
Guilty Pleas
Citation
Case Number: 
2012 IL App (4th) 110780
Decision Date: 
Friday, December 14, 2012
District: 
4th Dist
Division/County: 
Coles Co.
Holding: 
Affirmed in part as modified and vacated in part; remanded with directions.
Justice: 
POPE
Defendant moved to withdraw his plea of guilty to attempted murder. Defendant did not make a claim of innocence or articulate a plausible defense, but alleged only that he would have pled not guilty had he known of the deportation consequences of his plea. However, on record Defendant was admonished that conviction could result in deportation, exclusion from admission to U.S., or denial of naturalization. Defendant failed to establish requisite prejudice, to show that decision to reject plea bargain would have been rational under the circumstances. (STEIGMANN and TURNER, concurring.)