Campos v. State

OPINION

STONEBURNER, Judge.

Appellant challenges the denial of his post-sentencing motion to withdraw his guilty plea, arguing that under Padilla, 559 U.S. at -, 130 S.Ct. at 1486, his counsel was constitutionally ineffective by failing to advise him that his plea carried a risk of deportation. Appellant argues that the district court erred by concluding that Padilla does not apply retroactively to cases on collateral review. We reverse and remand.

FACTS

Appellant Rene Reyes Campos was 17 years old when he was charged with felony simple robbery committed for the benefit of a gang in May 2009.…