State v. Evans

Defendant appealed to the Court of Appeals from sentences in two consolidated cases in which he had pleaded guilty to a count of prostitution in each case based upon a written plea bargain agreement which provided, among other things, that other counts in each case would be dismissed. Defendant’s principal assignment of error was that the trial court erred "in failing to advise the defendant his plea of guilty could result in his being deported or denied naturalization if he was an alien, ” as provided by ORS 135.385(2)(d).1

The Court of Appeals held, by a divided court, that the trial court…