State v. Ogando-Deberas

KELLY, Judge.

The State appeals from an order granting postconviction relief to Jonathan Ogando-Deberas and vacating his guilty pleas, judgments, and sentences in circuit court case numbers 08-CF-22244 and 09-CF-15104 based on the holding in Padilla v. Kentucky, 559 U.S. 356, 130 S.Ct. 1473, 176 L.Ed.2d 284 (2010). Because we agree with the State that Padilla does not apply to Mr. Ogando-Deberas’s cases, we reverse.

In 2009, Mr. Ogando-Deberas pleaded guilty in case number 08-CF-22244 to burglary of an unoccupied dwelling and grand theft. The court withheld adjudication and placed Mr.…