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State v. Martinez

The defendant could not show the required prejudice, regardless of plea counsel's prior erroneous advice, because the trial court correctly informed the defendant of the immigration consequences of his guilty plea to aggravated battery.

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Jose Alonso Martinez is not a citizen of the United States, but he became a permanent legal resident on May 9, 2008. On October 25, 2010, he entered a guilty plea to aggravated battery and received a probated sentence of seven years. As a result, Martinez has since been taken into custody by Immigration and Customs Enforcement ICE and faces deportation and banishment from the United States. On July 12, 2011, he filed a petition for writ of habeas corpus, alleging ineffective assistance of plea counsel. After a hearing, the habeas court granted relief, finding that plea counsel was ineffective in advising Martinez that he need not be concerned about immigration consequences of entering the guilty plea. See Padilla v. Kentucky, __U. S.__ 130 SC 1473, 176 LE2d 284 2010. The habeas court further found that, although the trial court warned Martinez that he would almost certainly face deportation should he proceed with the plea, he was also receiving advice from his attorney calling into question the information from the trial court, and he likely relied more heavily on counsel’s advice. The State appeals from the habeas court’s order.

Under the two‑pronged test of Strickland v. Washington, 466 U. S. 668 104 SC 2052, 80 LE2d 674 1984,

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