Opinions of the Colorado Supreme Court are available to the public and can be accessed through the Judicial Branch’s homepage at http://www.courts.state.co.us. Opinions are also posted on the Colorado Bar Association’s homepage at http://www.cobar.org. ADVANCE SHEET HEADNOTE February 10, 2020 2020 CO 8 No. 17SC815, Juarez v. People—Criminal Law—Plea—Effective Assistance— Immigration Juarez petitioned for review of the court of appeals’ judgment affirming the denial of his motion for postconviction relief. With regard to his challenge to the effectiveness of his counsel, the district court found both that defense counsel adequately advised his client concerning the immigration consequences of his plea of guilty to misdemeanor drug possession and that, in any event, there was no reasonable probability Juarez would not have taken the plea. The intermediate appellate court similarly found that counsel’s advice fell within the range of competence demanded of attorneys in criminal cases, but as a result of that finding, the appellate court considered it unnecessary to address the question whether counsel’s performance prejudiced Juarez. The supreme court affirmed, ruling that because Juarez conceded he was advised and understood that the misdemeanor offense to which he pleaded guilty would make him “deportable,” defense counsel’s advice concerning the immigration consequences of his plea correctly informed him of the controlling law and therefore did not fall below the objective standard of reasonableness required for effective assistance concerning immigration advice. The Supreme Court of the State of Colorado 2 East 14th Avenue • Denver, Colorado 80203 2020 CO 8 Supreme Court Case No. 17SC815 Certiorari to the Colorado Court of Appeals Court of Appeals Case No. 13CA1296 Petitioner: Alfredo Juarez, v. Respondent: The People of the State of Colorado. Judgment Affirmed en banc February 10, 2020 Attorneys for Petitioner: Megan A. Ring, Public Defender John Plimpton, Deputy Public Defender Denver, Colorado Attorneys for Respondent: Philip J. Weiser, Attorney General Carmen Moraleda, Senior Assistant Attorney General Denver, Colorado CHIEF JUSTICE COATS delivered the Opinion of the Court. JUSTICE GABRIEL concurs in the judgment, and JUSTICE MÁRQUEZ joins in the concurrence in the judgment. Juarez petitioned for review of the court of appeals’ judgment affirming the denial of his motion for postconviction relief. With regard to his challenge to the effectiveness of his counsel, the district court found both that defense counsel adequately advised his client concerning the immigration consequences of his plea of guilty to misdemeanor drug possession and that, in any event, there was no reasonable probability Juarez would not have taken the plea. The intermediate appellate court similarly found that counsel’s advice fell within the range of competence demanded of attorneys in criminal cases, but as a result of that finding, the appellate court considered it unnecessary to address the question whether counsel’s performance prejudiced Juarez. Because Juarez conceded he was advised and understood that the misdemeanor offense to which he pleaded guilty would make him “deportable,” defense counsel’s advice concerning the immigration consequences of his plea correctly informed him of the controlling law and therefore did not fall below the ...
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