Francisco Herrera Sanchez v. State of Minnesota
2015 Minn. App. LEXIS 57
| Minn. Ct. App. | 2015Background
- Francisco Herrera Sanchez, a noncitizen with DACA status, pleaded guilty to third-degree criminal sexual conduct (Minn. Stat. § 609.344, subd. 1(b)) and furnishing alcohol to a minor as part of a plea agreement; one identical charge was dismissed.
- At plea hearing and in the written plea agreement counsel advised the defendant that a guilty plea "could" or "may" result in deportation; the court elicited a factual basis via leading questions confirming intercourse with a 15-year-old and that defendant was over 18.
- After sentencing, ICE initiated removal proceedings and detained Herrera Sanchez; he then sought postconviction relief to withdraw his plea.
- Herrera Sanchez argued counsel was ineffective under Padilla because counsel did not advise him that deportation was certain (claiming the conviction was an INA aggravated felony), and alternatively argued leading questions rendered the plea inaccurate.
- The postconviction court held counsel’s advice was adequate and the plea was accurate; the Court of Appeals affirmed, finding the immigration consequences were not "truly clear" under Padilla and the record supported the factual basis despite leading questions.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether counsel’s advice about immigration consequences was constitutionally sufficient | Herrera: counsel should have told me deportation was certain because conviction is an INA aggravated felony | State: the immigration consequences were not "truly clear," so advising that deportation "may" occur satisfied Padilla | Court: Held for State — consequences not truly clear; advising that plea "may/could" result in deportation was sufficient |
| Whether counsel’s use of leading questions rendered the plea inaccurate | Herrera: leading questions created an insufficient/invalid factual basis for the plea | State: the record (complaint + plea colloquy) supplies sufficient factual basis despite leading questions | Court: Held for State — leading questions alone do not invalidate plea; record supports accuracy |
Key Cases Cited
- Padilla v. Kentucky, 559 U.S. 356 (2010) (attorney must advise noncitizen of deportation risk; more exact advice required when consequences are "truly clear")
- Strickland v. Washington, 466 U.S. 668 (1984) (two‑prong ineffective assistance standard: deficient performance and prejudice)
- Hill v. Lockhart, 474 U.S. 52 (1985) (Strickland applied to plea negotiations and guilty pleas)
- Nijhawan v. Holder, 557 U.S. 29 (2009) (interpretation of "aggravated felony" and use of "generic" offense framework)
- Lussier v. State, 821 N.W.2d 581 (Minn. 2012) (defendant may not withdraw plea if record contains sufficient evidence to support conviction)