State v. Baeza

Fernando Baeza appeals a judgment of conviction and an order denying his subsequent motion to withdraw his guilty plea. Baeza argues that he is entitled to withdraw his plea of guilty because the court did not inform him of the possible deportation consequences as required by sec. 971.08, Stats. Because Baeza is conclusively presumed to be deportable under federal law by pleading guilty to a violation of sec. 948.02(1), Stats., first-degree sexual assault of a child, and thus likely to be deported under sec. 971.08(2), we reverse the judgment and the trial court's order denying Baeza's motion.