State v. Castilla

This is an appeal by the state from an order of the trial court granting Angel Castilla’s motion to vacate his judgment of conviction on ineffective assistance of counsel grounds. We reverse the trial court’s order for the reasons which follow.

Castilla had pled nolo contendere to a charge of cocaine possession. In his motion to vacate his judgment of conviction, Castilla alleged ineffective assistance of counsel based upon his attorney’s failure to advise him, prior to entering his plea, of the risk of deportation in the event of a conviction for possession of cocaine.

The trial court held an…