People v. Padilla

In this appeal defendant asks this court to review the issue of whether he was denied the effective assistance of counsel, thereby rendering his guilty pleas involuntary, when counsel either erroneously advised him that his guilty pleas would not subject him to deportation or failed to advise him of the deportation consequences of his guilty pleas. The circuit court held that counsel need not advise a defendant of such a consequence. For reasons which follow, we reverse and remand.

Defendant, arrested on February 7, 1983, was subsequently indicted on three counts for delivery of a controlled…