People v. Aguilar

Opinion

CHANEY, J.

Edgardo R. Aguilar, a lawful resident alien, was convicted of a felony involving illegal possession of a firearm, after pleading nolo contendere in 2005. He completed his sentence of one day in custody and a three-year term of probation. He is now facing removal from the United States by federal immigration authorities, allegedly because of his firearm conviction. In order to remove the cause for his threatened deportation, Aguilar filed a motion to vacate his judgment of conviction and withdraw his plea, based on claimed ineffective assistance of counsel in failing to…