State v. Gonzalez

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Alma Gonzalez was convicted of fraudulently obtaining public assistance benefits based upon a no contest plea that she entered pursuant to a plea agreement. Over two years after her sentencing, Gonzalez filed a motion to withdraw her plea, alleging that she had received ineffective assistance of counsel because her attorney had not explained that her plea would result in automatic deportation. The district court overruled the motion. The Supreme Court affirmed, holding (1) procedurally, Gonzalez was permitted to move for withdrawal of her plea; but (2) Gonzalez failed to prove by clear and convincing evidence that withdrawal of her plea was necessary to prevent a manifest injustice. View "State v. Gonzalez" on Justia Law