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.
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 ...