Rodriguez v. State
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Petitioner, a Mexican citizen, pleaded guilty to patronizing prostitution and was granted judicial diversion. Petitioner successfully completed his diversion, and his criminal record was subsequently expunged. Approximately three years after the entry of his plea, Petitioner filed a petition for post-conviction relief alleging that he was entitled to relief under Padilla v. Kentucky because his trial counsel failed to inform him of the immigration consequences of his plea. The trial court dismissed the petition on the grounds that it was time-barred. The court of criminal appeals affirmed the trial court’s summary dismissal of the petition, concluding that a petitioner whose record has been expunged may not obtain post-conviction relief. The Supreme Court affirmed, holding that the Post-Conviction Procedure Act may not be used to collaterally attack a guilty plea that has been expunged after successful completion of judicial diversion.
Court Description: Authoring Judge: Justice Janice M. Holder
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