Diaz v. Commonwealth

MAZE, JUDGE: '

Yustin Diaz appeals from a Fayette Circuit Court order denying her motion brought pursuant to Kentucky Rules of Criminal Procedure (RCr) 11.42 and Kentucky Rules of Civil Procedure (CR) 60.02. She seeks , to withdraw her guilty plea, entered in 2009, on the grounds.that she was not informed that the resulting conviction could have an adverse, effect on her immigration status.

Diaz was born in Mexico and came to the United States at two months of age. She is not an American citizen. According to a notice from the Department of Homeland Security which she has attached to her brief,…