People v. Guzman

Defendant entered negotiated guilty plea for offense of aggravated possession of stolen firearms. Defendant moved to withdraw plea on grounds that trial court failed to advise him in accordance with Section 113-8 of Code of Criminal Procedure, as to potential immigration consequences of his plea. Defendant failed to show, in motion nor argument, that he was subject to potential immigration penalties or that he would not have pled guilty if court had properly admonished him of immigration consequences of his plea. Defendant sufficiently alleged prejudice in plea context, in his postconviction petition, in alleging that his conviction at trial was not certain because evidence at guilty plea hearing indicated that he had a plausible defense, and in alleging that he has family living in the U.S. Thus, defense counsel's deficient performance, in failing to advise him of risk of deportation, deprived Defendant of a chance to avoid deportation if he had prevailed at trial. (McDADE, specially concurring;HOLDRIDGE, concurring in part and dissenting in part.)