State v. CHAVARRO
2011 Conn. App. LEXIS 373
Conn. App. Ct.2011Background
- Defendant Juan Esteban Chavarro is a Colombian national who remained in the U.S. illegally after June 22, 1998.
- March 1, 2007, Stamford police seized 25 plastic bags of marijuana (about 19 grams) from his residence.
- June 7, 2007, Chavarro pleaded guilty to possession of marijuana with intent to sell after a plea canvass.
- The court accepted the plea as voluntary and sentenced him to three years of probation per the plea agreement.
- July 1, 2009, DHS issued a notice to appear, initiating removal proceedings against him.
- October 28, 2009, immigration court ordered deportation to Colombia; November 3, 2009, Chavarro moved to vacate the judgment and withdraw his plea.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Mootness of appeal under Aquino | Chavarro argues Aquino does not render the appeal moot. | State argues Aquino renders the appeal moot. | Appeal deemed moot. |
| Collateral consequences doctrine applicability | Potential prejudicial collateral consequences could allow review. | Lack of demonstrated collateral consequences prevents jurisdiction under the doctrine. | Collateral consequences doctrine not satisfied; no practical relief shown. |
| Adequacy of § 54-1j advisement before plea | Claim that court failed to inquire whether defense counsel advised about deportation consequences. | Not stated explicitly, but appealed sufficiency of advisement issue. | Issue treated as part of mootness; no independent relief available. |
| Post-plea statements affecting advisement clarity | Post-plea statements by the court rendered the advisement ambiguous. | No argument presented beyond standard advisement concerns. | Ambiguity tied to mootness; no reversible error identified independent of relief. |
| Requirement of evidentiary hearing on motion to withdraw plea | Filed motion without request for an evidentiary hearing; seeks hearing as remedy. | No explicit assertion of need for an evidentiary hearing on appeal. | No reversible error found; appeal moot and dismissed. |
Key Cases Cited
- State v. Aquino, 279 Conn. 293, 901 A.2d 1194 (2006) (deportation mootness and collateral consequences framework)
- Williams v. Ragaglia, 261 Conn. 219, 802 A.2d 778 (2002) (collateral consequences doctrine standard for retaining jurisdiction)
- State v. McElveen, 261 Conn. 198, 802 A.2d 74 (2002) (criteria for prejudicial collateral consequences)
- Zoll v. Zoll, 112 Conn.App. 290, 962 A.2d 871 (2009) (mootness threshold; jurisdictional considerations)
- RAL Management, Inc. v. Valley View Associates, 278 Conn. 672, 899 A.2d 586 (2006) (mootness—dispositive question of practical relief)