Rangel v. State (Majority)Annotate this Case
In 2014, Appellant, who was not a naturalized citizen of the United States, entered a negotiated change of plea to possession with the purpose to deliver methamphetamine. The circuit court accepted the plea and sentenced Appellant to two years and an additional term of three years’ suspended imposition of sentence (SIS). In 2015, Appellant filed a petition for writ of habeas corpus alleging that he was not provided with warnings regarding immigration and deportation pursuant to Padilla v. Kentucky, 559 U.S. 356 (2010). The circuit court denied the petition. The Supreme Court affirmed, holding that the court lacked jurisdiction to grant habeas relief because, despite Appellant’s SIS sentence, Appellant was not in custody as defined by this state’s laws.