Summary
The Nebraska Supreme Court held that the district court lacked jurisdiction to consider a motion filed years after sentencing seeking to withdraw guilty pleas and vacate convictions based on the failure to provide immigration-consequence advisements. Because no legislatively authorized procedure allowed such relief after the defendant had completed his sentences, the court remanded with directions to dismiss the motion.
Topics
Practice areas
Questions Presented
- Whether the district court had jurisdiction to consider a motion to vacate judgment and allow withdrawal of guilty pleas after the defendant completed his sentences, based on Neb. Rev. Stat. § 29-1819.02.
Holdings
- A court lacks jurisdiction to consider a motion to vacate judgment and allow withdrawal of guilty pleas when the defendant has already completed his sentence, because Neb. Rev. Stat. § 29-1819.02 does not confer jurisdiction for such post-sentence motions, and no other statutory procedure authorizes such relief.
Key quotations
“IF YOU ARE NOT A UNITED STATES CITIZEN, YOU ARE HEREBY ADVISED THAT CONVICTION OF THE OFFENSE FOR WHICH YOU HAVE BEEN CHARGED MAY HAVE THE CONSEQUENCES OF REMOVAL FROM THE UNITED STATES, OR DENIAL OF NATURALIZATION PURSUANT TO THE LAWS OF THE UNITED STATES.” (at 363)
“The Legislature has not enacted a procedure for asserting second-tier challenges to prior plea-based DUI convictions, and thus, unless such a procedure is constitutionally mandated, it `is unauthorized and, therefore, unavailable under Nebraska criminal procedure.'” (at 365)
Factual background
In January 1997, Rodriguez-Torres pled guilty to possession of a controlled substance, a Class IV felony, and was sentenced to 2 years' supervised probation. He was later charged with possession and violation of probation, pled guilty to violation of probation, and was sentenced to 1 year's imprisonment. He did not appeal. In 2006, he filed a motion to vacate judgment and withdraw guilty pleas, alleging he was not advised of immigration consequences and that his attorney was ineffective. The district court denied the motion, finding no good or sufficient reasons for withdrawal.
Procedural history
Rodriguez-Torres pled guilty in 1997 and 1999, was sentenced, served his sentences, and did not appeal. In 2006 he filed a motion to vacate judgment and withdraw guilty pleas, which the district court denied. He appealed, and the Nebraska Supreme Court moved the appeal to its docket.
Remand instructions
Dismiss Rodriguez-Torres' motion to vacate judgment and allow withdrawal of guilty pleas.