State v. Gach

Defendant moved to vacate his conviction for one count of assault in the first degree and withdraw his plea of no contest to the charge, arguing that the district court erred by failing to properly advise him of the immigration consequences of conviction before accepting his plea. The district court overruled Defendant’s motion to withdraw his plea of no contest, concluding that that Defendant was advised of an immigration consequence of his plea during the plea colloquy. The Supreme Court affirmed, holding (1) under State v. Yos-Chiguil, 772 N.W.2d 574 (Neb. 2009), Defendant proved that instead of reciting the advisement set out in Neb. Rev. Stat. 29-1819.02(1), the district court improvised an advisement, and therefore, Defendant established the first Yos-Chiguil factor; but (2) Defendant failed to establish the second Yos-Chiguil factor entitling him to relief, that he was facing an immigration consequence that was not included in the advisement actually given. Therefore, the district court did not abuse its discretion in overruling Defendant’s motion to withdraw his plea. View "State v. Gach" on Justia Law