People v. Correa

Rehearing denied December 2, 1985. Cesar Correa (herein referred to as defendant) was charged in three indictments in the circuit court of Cook County with three offenses of delivery of a controlled substance (less than 30 grams of cocaine). He entered pleas of guilty to the three charges on June 29, 1981, and was sentenced to three years in the penitentiary on each charge. The sentences were to run concurrently. No appeal was taken. He was released from the penitentiary on August 13, 1982. Shortly after his release he was taken into custody by the United States Immigration and Naturalization Service. He now contends that it was at this point that he first learned that his convictions were grounds for deportation. On December 27, 1982, he filed a petition in the circuit court of Cook County under the Post-Conviction Hearing Act (Ill. Rev. Stat. 1981, ch. 38, par. 122-1 et seq.). He alleged that his guilty pleas were not voluntary and that he was denied effective assistance of counsel in that his attorney specifically misrepresented to him the effect of his guilty pleas upon his immigrant status. An evidentiary hearing was conducted, and the court vacated the convictions and sentences, set aside the guilty pleas, reinstated the three charges against the defendant, and set them for trial. The State appealed, and the appellate court affirmed the trial court (124 Ill. App.3d 668). We granted the State's petition for leave to appeal (94 Ill.2d. R. 604(a)(2)).