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06/21/89 the People of the State of v. Jose Miranda

June 21, 1989

THE PEOPLE OF THE STATE OF ILLINOIS, PLAINTIFF-APPELLANT

v.

JOSE MIRANDA, DEFENDANT-APPELLEE



APPELLATE COURT OF ILLINOIS, SECOND DISTRICT

540 N.E.2d 1008, 184 Ill. App. 3d 718, 133 Ill. Dec. 142 1989.IL.958

Appeal from the Circuit Court of Lake County; the Hon. William D. Block, Judge, presiding.

APPELLATE Judges:

JUSTICE LINDBERG delivered the opinion of the court. UNVERZAGT, P.J., and REINHARD, J., concur.

DECISION OF THE COURT DELIVERED BY THE HONORABLE JUDGE LINDBERG

The State appeals from a judgment of the circuit court of Lake County granting the post-conviction petition of defendant, Jose Miranda. We affirm.

Defendant was charged with attempt (murder) (Ill. Rev. Stat. 1983, ch. 38, pars. 8-4, 9-1), aggravated battery (two counts) (Ill. Rev. Stat. 1983, ch. 38 par. 12-4), and armed violence (Ill. Rev. Stat. 1983, ch. 38, par. 33A-2). Pursuant to a plea agreement, defendant pled guilty to one count of aggravated battery and the other charges were nol-prossed. On August 28, 1984, the circuit court sentenced defendant to a 30-month term of probation for aggravated battery., Defendant filed a post-conviction petition (Ill. Rev. Stat. 1985, ch. 38, par. 122-1 et seq.) on February 26, 1987. The petition alleged, inter alia :

"2. [That] at the time I entered the plea, I was represented by an attorney named Ronald Schwartz . . ..

3. [That] Mr. Schwartz did not speak Spanish and I did not speak English; my mother tongue is Spanish.

4. [That] Mr. Schwartz and I communicated through the wife of one of my cousins, Maria Ortiz, who is Hispanic but speaks some English.

5. [That] I believe that Mr. Schwartz must have known that I was an immigrant from Latin America, because of my inability to communicate in English and the fact that I spoke only in Spanish.

6. [That] Mr. Schwartz never requested that an interpreter be appointed for me, pursuant to Ch. 38, Sec. 165 -- 11, Ill. Rev. Stats.

7. [That] Mr. Schwartz never informed me that there could be adverse consequences with regard to the United States Immigration and Naturalization Service as a result of my plea of guilty.

8. [That] I have recently learned that I am eligible for Permanent Resident Status with the U.S. Immigration and Naturalization Service because I have resided in this country since before 1982, but for my record of a felony conviction in 1984.

9. [That] I recently learned that a felony conviction would automatically make me deportable even without the ...


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