State v. Rojas-Martinez

*931NEHRING, Justice:

¶ 1 This case presents the question of whether the court of appeals correctly determined that Mr. Rojas-Martinez’s defense counsel provided ineffective assistance by advising him, an undocumented foreign national, that he “might or might not” be deported if he pleaded guilty to a sexual battery charge, even though the offense was automatic cause for deportation under federal law. We reverse.

FACTUAL AND PROCEDURAL HISTORY

¶2 Tomas G. Rojas-Martinez was accused of touching the breast of a sixteen-year-old juvenile, over her clothing and without her consent. On May 28, 2002, he…