DocketNumber: No. CR 18-75255
Citation Numbers: 1995 Conn. Super. Ct. 13568, 15 Conn. L. Rptr. 469
Judges: WALSH, R., J.
Filed Date: 12/5/1995
Status: Non-Precedential
Modified Date: 4/17/2021
Section
(a) The court shall not accept a plea of guilty or nolo contendere from any defendant in any criminal proceeding unless the court advises him of the following: "If you are not a citizen of the United States, you are hereby advised that conviction of the offense for which you have been charged may have the consequences of deportation, exclusion from admission to the United States, or denial of naturalization, pursuant to the laws of the United States."
(b) The defendant shall not be required at the time of the plea to disclose his legal status in the United States to the court.
(c) If the court fails to advise a defendant as required in CT Page 13569 subsection (a) of this section and the defendant later at any time shows that his plea and conviction may have one of the enumerated consequences, the court, on the defendant's motion, shall vacate the judgment, and permit the defendant to withdraw the plea of guilty or nolo contendere, and enter a plea of not guilty. In the absence of a record that the court provided the advice required by this section, the defendant shall be presumed not to have received the required advice.
At the time of the nolo contendere pleas on November 18, 1992, the Court advised the Defendant as follows:
THE COURT: And, Mr. Palacios, you need to be advised that conviction of these offenses because they are felonies could result in your deportation, loss of your right to ask for naturalization or any other process which involves the Department of Naturalization and Immigration for the United States Government; do you understand that?
THE DEFENDANT: Yes, your Honor.
THE COURT: And I understand that you are entering this plea and the State has recommended this sentence because they have been informed by Immigration and Naturalization of the intent to deport you from this country.
THE DEFENDANT: Yes.
Transcript, November 18, 1992, Page 14.
The crimes of which the Defendant was convicted are crimes involving moral turpitude and therefore he is excludable from the United States. See The Immigration and Nationality Act, § 212(a)(2)(A)(i), (
During the canvass of the Defendant on November 18, 1992, the Court did not recite the language called for in quotation marks by Section
RICHARD A. WALSH