Nebraska v. Rodriguez
Annotate this CaseIn 2013, Francisco Rodriguez moved to withdraw his guilty plea and to vacate his 2004 conviction for attempted possession of a controlled substance (Class I misdemeanor). He argued that before entering a guilty plea in the 2004 proceedings, he did not receive the proper advisement under Neb. Rev. Stat. 29-1819.02(1) (Reissue 2008), and that he currently faced immigration consequences from the resulting conviction. Because Rodriguez moved to withdraw his plea after he had completed his sentence of 2 years’ probation, the district court concluded that it did not have subject matter jurisdiction. The Supreme Court concluded that the court did have jurisdiction, and reversed and remanded the case for further proceedings.
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