Legal Opinion

State v. Gutierrez

New Mexico Court of Appeals

Decided June 27, 2016No. Docket 33,165PublishedCited by 5 opinions

1Opinion of the Court

OPINION

BUSTAMANTE, Judge.

{1} Defendant, who is not a United States citizen, pled guilty to a drug offense. The district court then granted Defendant’s motion to withdraw her guilty plea and vacated her conviction on grounds that defense counsel did not advise Defendant of the immigration consequences associated with the plea as required by our Supreme Court in State v. Paredez, 2004-NMSC-036, 136 N.M. 533, 103 P.3d 799. We affirm.

I. BACKGROUND

{2} On November 7, 2010, Defendant was arrested after entering the United States through the Port of Entry at Columbus, New Mexico with nineteen bricks…

2Cases cited31 opinions

  1. Strickland v. WashingtonSupreme Court of the United States · 1984
  2. Trenkler v. United StatesCourt of Appeals for the First Circuit · 2008
  3. State v. ParedezNew Mexico Supreme Court · 2004
  4. Apodaca v. AAA Gas Co.New Mexico Court of Appeals · 2003
  5. Sangre De Cristo Development Corp. v. City of Santa FeNew Mexico Supreme Court · 1972

26 more not listed; retrieve them via the Exa API.

3Cited by5 opinions

  1. State v. OteroNew Mexico Court of Appeals · 2020
  2. State v. Gallegos-DelgadoNew Mexico Court of Appeals · 2016
  3. State v. GutierrezNew Mexico Court of Appeals · 2016
  4. State v. TarangoNew Mexico Court of Appeals · 2018
  5. State v. WoodNew Mexico Court of Appeals · 2021

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