Legal Opinion

Garcia v. State

South Dakota Supreme Court

Decided February 5, 2014No. 26745PublishedCited by 9 opinions

1Opinion of the Court

ZINTER, Justice.

[¶ 1.] In 2018, Carlos Garcia petitioned for a writ of error coram nobis, seeking to vacate a 2001 criminal conviction. He argued that the conviction was invalid because he pleaded guilty without being given Padilla and Boykin advisements. The circuit court granted summary judgment in favor of the State. Garcia appeals. We affirm.

Facts and Procedural History

[¶ 2.] Carlos Garcia is a Honduran national. He has lived in the United States since 1987. In 2001, Garcia pleaded guilty to a felony in South Dakota. He received a four-year suspended sentence. Currently, Garcia is…

2Cases cited20 opinions

  1. Boykin v. AlabamaSupreme Court of the United States · 1969
  2. Padilla v. KentuckySupreme Court of the United States · 2010
  3. United States v. HernandezCourt of Appeals for the Fifth Circuit · 2000
  4. People v. Hyung Joon KimCalifornia Supreme Court · 2009
  5. Anthony Lee Cunningham v. Warren T. Diesslin, Warden, Buena Vista Correctional Facility, Colorado Department of CorrectionsCourt of Appeals for the Tenth Circuit · 1996

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3Cited by9 opinions

  1. Oseguera v. StateUtah Supreme Court · 2014
  2. State v. BurkettSouth Dakota Supreme Court · 2014
  3. Kleinsasser v. WeberSouth Dakota Supreme Court · 2016
  4. Oleson v. YoungSouth Dakota Supreme Court · 2015
  5. Kleinsasser v. WeberSouth Dakota Supreme Court · 2016

4 more not listed; retrieve them via the Exa API.

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