State v. Bennett

STROUD, Judge.

*287 On issuance of a writ of certiorari, the State challenges an order granting defendant's motion for reconsideration and motion for appropriate relief. Because the requirements for counsel to advise a defendant of the immigration consequences of a plea agreement established by Padilla do not apply retroactively, we reverse.

In 1997, defendant pled no contest to possessing cocaine with the intent to sell or deliver. In 2015, defendant filed a motion for appropriate relief. Defendant alleged that at the time of his plea, "no factual basis existed in fact or in law to support that…