People v. Guzman

Defendant entered negotiated guilty plea to offense of aggravated possession of stolen firearms. Defendant argued that he should have been allowed to withdraw his guilty plea because he was not informed by court or counsel of petential immigration consequences of his conviction. Court's failure to admonish Defendant of potential immigration consequences does not alone impact voluntariness of guilty plea. Counsel did not inform court or Defendant that Defendant was actually subject to potential immigration penalties. Defendant adequately showed prejudice, as Defendant's family ties and bonds to U.S. provided rational basis to reject plea offer, and court erred in dismissing motion to vacate plea, based on ineffective assistance of counsel. (HOLDRIDGE, specially concurring; McDADE, dissenting.)