State v. Chojolan
Annotate this CaseIn 2006, Appellant pled guilty to attempted possession of a controlled substance. In 2012, Appellant filed a motion seeking to withdraw his 2006 plea, alleging that neither his counsel nor the court had advised him of the immigration consequences of his plea prior to entry of the plea. The district court dismissed Appellant’s motion for lack of jurisdiction, concluding (1) the decision in Padilla v. Kentucky did not apply retroactively to Appellant’s 2006 plea and conviction; and (2) the court did not have jurisdiction because Appellant had completed his sentence and was no longer in the State’s custody. The Supreme Court affirmed in part and reversed in part, holding (1) the district court correctly concluded that Padilla v. Kentucky did not apply retroactively to Appellant’s 2006 plea-based conviction; but (2) the district court had jurisdiction to consider Appellant’s motion to withdraw his plea under the remedy provided in Neb. Rev. Stat. 29-1819.02(2) without regard to whether Appellant had completed his sentence.
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