Nevada Supreme Court, 2014

Mendoza-Guerrero (Jose) v. State

Mendoza-Guerrero (Jose) v. State
Nevada Supreme Court · Decided July 23, 2014

Mendoza-Guerrero (Jose) v. State

Opinion

the court's factual findings if supported by substantial evidence and not clearly erroneous but review the court's application of the law to those facts de novo. Lader v. Warden, 121 Nev. 682, 686, 120 P.3d 1164, 1166 (2005).

Appellant claimed that his trial counsel was ineffective for failing to advise him of the negative immigration consequences of his guilty plea. Appellant failed to demonstrate that his trial counsel's performance was deficient or that he was prejudiced. The written guilty plea agreement, which appellant acknowledged was translated and read to him in his native language, informed appellant that "any criminal conviction will likely result in serious negative immigration consequences." In fact, the documents before this court indicate that an immigration hold was placed in this case the day after appellant's arrest and this hold was discussed at the conclusion of the preliminary hearing when the parties discussed bail. Thus, the immigration consequences were immediately discernable. Appellant failed to demonstrate that there was a reasonable probability that he would not have entered a guilty plea and would have insisted on going to trial given the substantial benefit he received by the plea bargain and his prior knowledge of the immigration hold. See Padilla v. Kentucky, 559 U.S. 356, 372 (2010) (recognizing that a petitioner must convince the court that the decision to reject a plea bargain would have been rational under the circumstances). Therefore, we conclude that the district court did not err in denying this claim.

Next, appellant claimed that the district court erred in denying his presentence motion to withdraw a guilty plea. This claim was previously litigated on direct appeal, and the doctrine of the law of the

SUPREME COURT OF NEVADA (0) 1947A e case prevents further litigation of this claim. See Hall v. State, 91 Nev. 314, 535 P.2d 797 (1975). Accordingly, we ORDER the judgment of the district court AFFIRMED.

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cc: Hon. Valorie J. Vega, District Judge Jose Naciel Mendoza-Guerrero Attorney General/Carson City Clark County District Attorney Eighth District Court Clerk

SUPREME COURT OF NEVADA (0) I947A

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