(Court opinion corrected 11/30/15.) Court properly dismissed Defendant's postconviction petition, as he failed to make a substantial showing of a claim of ineffective assistance of counsel based on counsel's failure to advise him of deportation consequences of his guilty plea. Any prejudice that Defendant may have suffered as a result of counsel's failure was cured by trial court's strict adherence with provisions of Section 113-8 of Code of Criminal Procedure, advising him that if he is not a U.S. citizen that conviction may have consequences of deportation. The fact that Defendant pled guilty while being informed by court of risk of deportation belied the Defendant's claim that his decision would have been different if he had been told that the risk was a certainty. (McBRIDE and GORDON, concurring.)
Illinois Appellate Court
Criminal Court
Guilty Pleas