(DOWNLOAD) "State v. Paredez" by Supreme Court of the State of Oklahoma # eBook PDF Kindle ePub Free
eBook details
- Title: State v. Paredez
- Author : Supreme Court of the State of Oklahoma
- Release Date : January 31, 2004
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 63 KB
Description
1 Defendant Ramon Paredez pleaded guilty to criminal sexual contact of a minor in the third degree, contrary to NMSA 1978, § 30-9-13(A)(2) (2001). After sentencing, Defendant filed a motion to withdraw his guilty plea on the basis he was not adequately informed of the immigration consequences of his plea. The district court entered an order denying his motion, which was affirmed by the Court of Appeals in a memorandum opinion. State v. Paredez, No. 24,082 (N.M. Ct. App. Aug. 20, 2003). We granted certiorari pursuant to NMSA 1978, § 34-5-14(B) (1972) and Rule 12-502 NMRA 2004. In this opinion, we hold that the district courts admonition to Defendant that his guilty plea "could" affect his immigration status was sufficient advice to satisfy federal due process and Rule 5-303(E)(5) NMRA 2004; however, Defendants attorney had an affirmative duty to determine his immigration status and provide him specific advice regarding the impact a guilty plea would have on his immigration status. A prima facie case of ineffective assistance of counsel is established by the appellate record; thus, we remand to the district court for an evidentiary hearing on Defendants claim.