Digitally signed by Reporter of Decisions Illinois Official Reports Reason: I attest to the accuracy and integrity of this document Appellate Court Date: 2021.03.25 12:21:50 -05'00' People v. Dorado, 2020 IL App (2d) 190818 Appellate Court THE PEOPLE OF THE STATE OF ILLINOIS, Plaintiff-Appellee, v. Caption ERNESTO DORADO, Defendant-Appellant. District & No. Second District No. 2-19-0818 Filed November 4, 2020 Decision Under Appeal from the Circuit Court of Boone County, No. 18-CF-107; the Review Hon. C. Robert Tobin III, Judge, presiding. Judgment Affirmed. Counsel on John W. Heiderscheidt, of Godoy Law Office, of Lombard, for Appeal appellant. Tricia L. Smith, State’s Attorney, of Belvidere (Patrick Delfino, Edward R. Psenicka, and Mary Beth Burns, of State’s Attorneys Appellate Prosecutor’s Office, of counsel), for the People. Panel JUSTICE McLAREN delivered the judgment of the court, with opinion. Justices Jorgensen and Bridges concurred in the judgment and opinion. OPINION ¶1 Defendant, Ernesto Dorado, appeals the trial court’s denial of his motion to withdraw his guilty plea to unlawful possession of a controlled substance (720 ILCS 570/402(c) (West 2018)). Pursuant to his plea agreement, he was sentenced to first-offender probation under section 410 of the Illinois Controlled Substance Act (Act) (id. § 410 (f), (g)), which, upon successful completion, results in the dismissal of the proceedings and is not considered a “conviction” “for purposes of disqualification or disabilities imposed by law upon conviction of a crime” (id. § 410(g)). Defendant now contends that his trial counsel was ineffective for failing to advise him of the effects his plea would have on his immigration status. He also contends that he did not receive the benefit of the bargain in his plea negotiations when, despite the nature of first-offender probation under state law, he was potentially subject to federal immigration consequences. We affirm. ¶2 I. BACKGROUND ¶3 In May 2019, defendant pleaded guilty to unlawful possession of a controlled substance in exchange for first-offender probation and the dismissal of a traffic citation. The factual basis for the plea was that, on March 7, 2018, defendant was stopped for speeding and officers found a pill bottle containing hydrocodone in his vehicle. The pills were prescribed for defendant’s daughter, and defendant indicated that he took the pills for pain without a prescription for them. Defendant at that time was a legal permanent resident of the United States and had a pending application for citizenship. ¶4 The trial court admonished defendant that, “[i]f you’re not a citizen of the United States, you are hereby advised that conviction of the offense for which you’ve been charged may have the consequences of deportation, exclusion from admission to the United States or denial of naturalization under the laws of the United States.” Defendant affirmed that he had talked to his attorney about the case and possible defenses, that he was satisfied with his attorney’s representation, and that the State made no promises that were left out of the agreement. Defendant’s attorney told the court that he had spoken to multiple immigration attorneys …
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