State v. Altunar
2014 Ohio 2787
Ohio Ct. App.2014Background
- Baltazar J. Altunar, a Mexican national, was indicted in 2009 on multiple counts including aggravated vehicular assault and OVI; he pleaded guilty to three counts of aggravated vehicular assault and was sentenced.
- He did not appeal his conviction or sentence at the time.
- Two years later Altunar filed a motion to withdraw his guilty plea under R.C. 2943.031, alleging he had not been advised of immigration consequences (deportation, exclusion, denial of naturalization).
- The trial court treated the filing as a Crim.R. 32.1 motion (which requires showing a manifest injustice) and denied it for failure to show manifest injustice.
- On appeal Altunar argued the court erred by applying Crim.R. 32.1 and by failing to comply with the mandatory R.C. 2943.031 advisement requirement.
- The plea colloquy (with an interpreter) and the signed plea form both informed Altunar he was not a U.S. citizen and warned that conviction may result in deportation, exclusion, or denial of naturalization.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the trial court should have applied Crim.R. 32.1 rather than R.C. 2943.031 | State: The trial court's denial was correct under the manifest-injustice standard | Altunar: His motion was brought under R.C. 2943.031 and should be judged under that statute, not Crim.R. 32.1 | Court: Trial court erred in applying Crim.R. 32.1, but the error was harmless because outcome would be the same under R.C. 2943.031 |
| Whether the trial court complied with R.C. 2943.031 advisement requirement | State: The colloquy and plea form adequately warned of immigration consequences | Altunar: He was not properly advised of deportation consequences as required by statute | Court: The trial court substantially complied with R.C. 2943.031(A); Altunar was informed and indicated understanding, so denial of the motion was proper |
Key Cases Cited
- State v. Francis, 104 Ohio St.3d 490 (2004) (distinguishes Crim.R. 32.1 motions from R.C. 2943.031 motions and discusses substantial-compliance standard for immigration advisements)