August 16, 2017

Colorado Court of Appeals: Failure to Properly Advise Defendant of Immigration Consequences was Deficient Performance

The Colorado Court of Appeals issued its opinion in People v. Sifuentes on Thursday, April 20, 2017.

Felony—Plea Agreement—Immigration—Deportation—Ineffective Assistance of Counsel—Prejudice.

The prosecution charged defendant with distributing and conspiring to distribute a controlled substance, class three felonies. Defendant later pleaded guilty to an added count of distribution of a schedule III controlled substance as a class four felony, in exchange for dismissal of the original charges. The trial court sentenced defendant to Community Corrections (Comcor) for five years. Comcor, however, rejected defendant when Immigration and Customs Enforcement placed him on an immigration detainer following his conviction. The trial court therefore resentenced defendant to 42 months in prison followed by three years of mandatory parole. Unbeknownst to defendant and defense counsel, the conviction triggered automatic mandatory deportation under federal law.

Defendant filed a Crim. P. 35(c) petition for postconviction relief seeking to withdraw his guilty plea on the ground of ineffective assistance of his plea counsel based on the erroneous advice regarding deportation. The postconviction court denied the petition. Although the court agreed that plea counsel failed to properly advise defendant, it determined that defendant did not suffer prejudice because due to the purported evidence against him, even if defendant had known the consequences of his plea, it would not have been rational for him to reject the plea offer. The court further concluded that even if he had established prejudice, defendant was not entitled to relief due to the circumstances of his providency hearing.

On appeal, defendant contended that the district court erred in determining that his plea counsel’s deficient performance did not prejudice him. When an alien defendant enters a guilty plea based on erroneous representations as to deportation consequences, he will in most cases be permitted to withdraw the plea. Here, defendant presented some objective corroborating evidence of his prejudice claim (e.g., his plea counsel’s testimony confirming defendant’s concerns about deportation and her erroneous advice about deportation). Although the prosecution’s case against defendant appeared to be strong, it cannot be concluded that a conviction would have resulted if defendant went to trial. The court of appeals concluded that rejecting the guilty plea offer and going to trial would have been a rational decision for defendant. Because defendant established a reasonable probability that his plea counsel’s deficient performance affected the outcome of the plea process, he was allowed to withdraw his guilty plea.

The order was reversed and the case was remanded with directions.

Summary provided courtesy of The Colorado Lawyer.

Print Friendly, PDF & Email

Speak Your Mind

*