2014 IL App (3d) 90464
Ill. App. Ct.2014Background
- Jorge A. Guzman (permanent legal resident) pled guilty to aggravated possession of stolen firearms and was immediately sentenced to four years’ imprisonment.
- At plea and sentencing hearings, the court did not give the §113-8 admonition about possible immigration consequences; the court later asked and Guzman stated he was a permanent resident.
- Guzman moved to withdraw his guilty plea arguing the absence of the §113-8 admonition rendered the plea involuntary; the trial court denied the motion as the admonition was directory.
- Guzman filed a postconviction petition alleging trial counsel was ineffective for failing to advise him of deportation risk; initial petition lacked an affidavit stating he would not have pled guilty; an amended affidavit was filed after notice of appeal.
- The appellate court consolidated Guzman’s direct-appeal and postconviction appeals, affirmed denial of the plea-withdrawal motion, but reversed and remanded the dismissal of the postconviction petition due to unreasonable assistance by postconviction counsel in failing to timely present the prejudice affidavit.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether trial court’s failure to give §113-8 immigration admonition rendered plea involuntary | Failure to give §113-8 admonition is directory and does not void plea | The lack of admonition (and Padilla) rendered plea involuntary and prejudiced Guzman | Affirmed: omission alone did not render plea involuntary (Delvillar controls); Guzman failed to demonstrate prejudice at the motion hearing |
| Whether trial counsel was ineffective for failing to advise of deportation risk under Padilla | No direct-appeal ineffective-assistance claim (facts outside record) | Counsel’s failure to advise was deficient and can satisfy Strickland’s first prong per Padilla | On postconviction record, prejudice could be shown (rational to reject plea because of deportation risk); this claim properly pursued in postconviction proceedings |
| Whether postconviction counsel provided reasonable assistance under Rule 651(c) | Postconviction counsel met obligations | Counsel failed to include a timely, verified affidavit that Guzman would have rejected the plea | Reversed: postconviction counsel’s assistance was unreasonable; remand for appointment of new counsel and further second-stage proceedings |
| Whether prejudice must include proof of likely trial success or actual deportation | State: defendant must show he would have prevailed or been deported | Guzman: need only show reasonable probability he would have rejected the plea (Padilla) — no actual deportation proof required | Held: defendant need not prove deportation or likely acquittal; need show it would have been rational to reject plea (Padilla/Hill/Strickland framework) |
Key Cases Cited
- Padilla v. Kentucky, 559 U.S. 356 (2010) (counsel must advise of deportation risk when consequence is clear; failure satisfies first prong of Strickland)
- People v. Delvillar, 235 Ill. 2d 507 (2009) (immigration consequences characterized as collateral; failure to admonish does not by itself render plea involuntary)
- People v. Carrera, 239 Ill. 2d 241 (2010) (Padilla does not make deportation "imprisonment" under Post-Conviction Hearing Act; state lacks control over federal deportation)
- Hill v. Lockhart, 474 U.S. 52 (1985) (to show Strickland prejudice in plea context, defendant must show reasonable probability he would have insisted on going to trial)
- Strickland v. Washington, 466 U.S. 668 (1984) (two-prong ineffective-assistance test: deficient performance and prejudice)
- United States v. Orocio, 645 F.3d 630 (3d Cir. 2011) (declining plea to avoid mandatory removal may be rational even if trial success is unlikely)
- People v. Pullen, 192 Ill. 2d 36 (2000) (abuse of discretion standard for motion to withdraw guilty plea)
- People v. Peque, 3 N.E.3d 617 (N.Y. 2013) (Padilla applied to hold trial courts must inform noncitizen defendants of deportation risk as fairness requirement)