2013 COA 23
Colo. Ct. App.2013Background
- Campos-Corona was charged with possession with intent to distribute and conspiracy to distribute a schedule II substance; he pled guilty to distribution of a schedule II substance in exchange for dismissal of the original charges and a more favorable sentencing range.
- After probation, Campos-Corona faced deportation proceedings.
- He moved under Crim. P. 35(c) to withdraw his plea, alleging ineffective assistance of plea counsel regarding immigration consequences.
- The postconviction court heard from plea counsel, who said he advised of deportation risk and consulted an immigration attorney; he did not tell Campos-Corona that the plea would trigger mandatory removal.
- Campos-Corona testified inconsistently about the level of advice and stated he would not have pleaded guilty if told he would be mandatorily removed; the trial court found plea counsel’s representation adequate and Campos-Corona not prejudiced.
- The appellate court held that plea counsel’s performance was deficient for not advising about mandatory removal, but affirmed the denial of relief for lack of prejudice.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether plea counsel’s immigration advice was deficient | Campos-Corona | People | Yes; failure to advise on mandatory removal |
| Whether Campos-Corona showed prejudice despite deficient performance | Campos-Corona | People | No; prejudice not shown given goal to avoid prison |
| Standards for evaluating ineffective assistance in guilty pleas | Campos-Corona | People | Guilty-plea relief requires both deficient performance and prejudice; here prejudice lacking |
Key Cases Cited
- Padilla v. Kentucky, 559 U.S. 356 (U.S. 2010) (clarity of immigration consequences governs duty to advise)
- Kazadi v. People, 284 P.3d 70 (Colo. 2011) (noncitizen defendants: if removal consequences are succinct, correct advice is required; otherwise lawyer need only warn of risks)
- Pozo v. People, 746 P.2d 523 (Colo. 1987) (voluntariness of counsel-assisted plea involves counsel competence range)
- Hill v. Lockhart, 474 U.S. 52 (U.S. 1985) (prejudice inquiry for guilty-plea ineffectiveness)
- Stovall v. People, 284 P.3d 151 (Colo. App. 2012) (mixed question of law and fact; defer to trial court findings on prejudice)
- McMann v. Richardson, 397 U.S. 759 (U.S. 1970) (standard for effective assistance in criminal defense)