2022 IL App (2d) 210125-U No. 2-21-0125 Order filed June 10, 2022 NOTICE: This order was filed under Supreme Court Rule 23(b) and is not precedent except in the limited circumstances allowed under Rule 23(e)(l). ______________________________________________________________________________ IN THE APPELLATE COURT OF ILLINOIS SECOND DISTRICT ______________________________________________________________________________ THE PEOPLE OF THE STATE ) Appeal from the Circuit Court OF ILLINOIS, ) of Du Page County. ) Plaintiff-Appellee, ) ) v. ) No. 19-DV-1342 ) JUAN TORRES-ORDUNO, ) Honorable ) George A. Ford, Defendant-Appellant. ) Judge, Presiding. ______________________________________________________________________________ JUSTICE SCHOSTOK delivered the judgment of the court. Justices McLaren and Jorgensen concurred in the judgment. ORDER ¶1 Held: The trial court did not err in dismissing the defendant’s postconviction petition following a third stage evidentiary hearing as the record indicated the defendant was adequately advised of the risk of deportation as a consequence of his guilty plea. ¶2 The defendant, Juan Torres-Orduno, filed a petition for postconviction relief, asserting that under Padilla v. Kentucky, 559 U.S. 356 (2010), defense counsel was ineffective in failing to adequately advise him of the risk of immigration consequences prior to his guilty plea. Following a third-stage evidentiary hearing, the trial court denied the petition. The defendant appeals from that order. We affirm. 2022 IL App (2d) 210125-U ¶3 I. BACKGROUND ¶4 On October 17, 2019, the defendant was charged by misdemeanor complaint with two counts of domestic battery (720 ILCS 5/12-3.2(a)(1), 3.2(a)(2) (West 2018)), and one count of interfering with the reporting of domestic violence (id. § 12-3.5(a)). The complaints alleged that the defendant hit his wife in the face several times and took her phone to prevent her from calling the police. On December 4, 2019, the defendant was charged in a different case with two counts of domestic battery (id. §§ 12-3.2(a)(1), 3.2(a)(2)) for allegedly pushing his wife to the ground and causing her to injure her arm. ¶5 On January 17, 2020, the defendant entered a fully negotiated plea agreement. He pleaded guilty to one count of misdemeanor domestic violence, which was the first count in the first case. The State nolle prossed the remaining two counts in the first case and dismissed the second case. Pursuant to the agreement, the defendant was sentenced to one year of probation and 11 days’ imprisonment, with credit for 11 days served. ¶6 At the plea hearing, the State explained that the plea offer was made in consideration of the defendant’s limited criminal history and the wishes of the victim. The State also noted that if the matter proceeded to trial, the victim would not likely appear. The trial court asked the defendant if he was a U.S. citizen. When the defendant indicated he was not, the trial court admonished him that a conviction to the charged offense “may have the consequences of deportation, exclusion from admission to the United States, or denial of naturalization under the laws of the United States.” The defendant stated that he understood and that he still wished to proceed with his guilty …
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