Gonzalez v. Commissioner of Correction
Gonzalez v. Commissioner of Correction
Opinion of the Court
Opinion
The petitioner, Alejandro Gonzalez, appeals following the denial of his petition for certification to appeal from the judgment of the habeas court denying his petition for a writ of habeas corpus. We dismiss the appeal.
On October 14, 2005, the petitioner, pursuant to a plea agreement, pleaded guilty to possession of cocaine with intent to sell in violation of General Statutes § 2 la-278 (a). In accordance with the plea agreement, the petitioner was sentenced to twenty-two years incarceration. In April, 2010, the petitioner filed a second amended petition for a writ of habeas corpus. He alleged, inter alia, that his trial counsel, Louis Martoc-chio, rendered ineffective assistance because he failed to adequately advise him regarding aspects of his guilty plea, including the presumption of innocence and the existence of options aside from accepting the state’s
“To prove an abuse of discretion [in denying a certification to appeal], the petitioner must demonstrate that the [resolution of the underlying claim involves issues that] are debatable among jurists of reason; that a court could resolve the issues [in a different manner]; or that the questions are adequate to deserve encouragement to proceed further. . . . We examine the petitioner’s underlying claim[s] of ineffective assistance of counsel in order to determine whether the habeas court abused its discretion in denying the petition for certification to appeal. Our standard of review of a habeas court’s judgment on ineffective assistance of counsel claims is well settled. In a habeas appeal, this court cannot disturb the underlying facts found by the habeas court unless they are clearly erroneous, but our review of whether the facts as found by the habeas court constituted a violation of the petitioner’s constitutional right to effective assistance of counsel is plenary.” (Internal quotation marks omitted.) Morris v. Commissioner of Correction, 131 Conn. App. 839, 842, 29 A.3d 914, cert. denied, 303 Conn. 915, 33 A.3d 739 (2011).
In Strickland v. Washington, 466 U.S. 668, 687, 104 S. Ct. 2052, 80 L. Ed. 2d 674 (1984), the United States Supreme Court “adopted a two-part standard for evaluating claims of ineffective assistance of counsel. . . .
The petitioner argues that the court erred in concluding that Martocchio’s performance was not deficient. He argues that Martocchio rendered deficient performance in failing to advise him that he was not presumed guilty, that he could challenge the prosecution, and that he had options aside from accepting the state’s plea offer. In its decision, the court noted that the case was a credibility contest between the petitioner and Martoc-chio and credited Martocchio’s testimony “in all material respects.” The court highlighted Martocchio’s testimony that he had urged the petitioner to continue to litigate or at least to investigate the case, but that the petitioner, by signing a document, admitted that he was acting contrary to Martocchio’s advice by pleading guilty. The court discredited the petitioner’s testimony that Martocchio advised him that he already had been found guilty. The court’s fundings support its conclusion that Martocchio was not deficient in allowing the petitioner to accept the state’s plea offer. We will not disturb those factual findings as they are based on credibility
Additionally, the petitioner claims that the court erred in failing to conclude that Martocchio was ineffective for failing to adequately advise him that a guilty plea would result in deportation in accordance with Padilla v. Kentucky, 559 U.S. 356, 130 S. Ct. 1473, 176 L. Ed. 2d 284 (2010). In 2010, the United States Supreme Court held for the first time in Padilla that the sixth amendment to the United States constitution requires that “counsel must inform [his or] her client whether [the Ghent’s] plea carries a risk of deportation.”
The appeal is dismissed.
We ordered simultaneous supplemental briefs on the following issue: “What is the effect of Chaidez v. United States... on the present appeal?”
In State v. Aquino, 89 Conn. App. 395, 410, 873 A.2d 1075 (2005), rev’d on other grounds, 279 Conn. 293, 901 A.2d 1194 (2006), a case decided prior to Padilla, this court concluded, “effective assistance of counsel may be rendered without advising a client whether deportation will result from a guilty plea.”
Reference
- Full Case Name
- ALEJANDRO GONZALEZ v. COMMISSIONER OF CORRECTION
- Cited By
- 5 cases
- Status
- Published