Gutierrez v. State

FLETCHER, Judge.

In 1994, Placido Gutierrez was charged with aggravated battery on a pregnant victim. He entered a plea of nolo con-tendere in exchange for a withhold of adjudication and 14 months of probation. During the plea colloquy the trial court advised Gutierrez that “there is a possibility that this plea could affect your immigration status.” Gutierrez accepted the plea and was sentenced accordingly. In 2004, Gutierrez filed his first post-conviction relief petition seeking to vacate the plea. In that petition he claims that the Immigration and Naturalization Service [INS] denied his…