State v. Garcia
Annotate this CaseDefendant, who was born in Mexico but moved to the United States before he was one year old, pleaded guilty to possession of marijuana. The United States later commenced removal proceedings against Defendant and Defendant was deported. Defendant later re-entered the United States. Defendant filed a motion to re-open and vacate his conviction for felony possession of marijuana, arguing that his counsel was deficient and that he would not have pleaded guilty if his counsel had advised him of the potential deportation consequences. The trial court denied the motion. The Supreme Court affirmed, holding that the U.S. Supreme Court's decision in Padilla v. Kentucky does not apply retroactively to a conviction that was final at the time Padilla was decided, including Defendant's conviction.
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