State v. Sandoval
| Decision Date | 08 August 2014 |
| Docket Number | No. S-11-872.,S-11-872. |
| Citation | 288 Neb. 754 |
| Parties | STATE OF NEBRASKA, APPELLEE, v. JOSE LUIS SANDOVAL, APPELLANT. |
| Court | Pennsylvania Superior Court |
STATE OF NEBRASKA, APPELLEE,
v.
JOSE LUIS SANDOVAL, APPELLANT.
No. S-11-872.
SUPERIOR COURT OF PENNSYLVANIA
August 8, 2014
1. Judgments: Appeal and Error. When issues on appeal present questions of law, an appellate court has an obligation to reach an independent conclusion irrespective of the decision of the court below.
2. Judgments: Constitutional Law: Legislature: Appeal and Error. The common-law writ of error coram nobis exists in this state under Neb. Rev. Stat. § 49-101 (Reissue 2010), which adopts English common law to the extent that it is not inconsistent with the Constitution of the United States, the organic law of this state, or any law passed by our Legislature.
3. Judgments: Evidence: Appeal and Error. The purpose of the writ of error coram nobis is to bring before the court rendering judgment matters of fact which, if known at the time the judgment was rendered, would have prevented its rendition.
4. ___: ___: ___. The writ of error coram nobis reaches only matters of fact unknown to the applicant at the time of judgment, not discoverable through reasonable diligence, and which are of a nature that, if known by the court, would have prevented entry of judgment.
5. Judgments: Appeal and Error. The writ of error coram nobis is not available to correct errors of law.
6. Judgments: Pleas: Convictions: Proof. The failure of a district court to give the advisement required by Neb. Rev. Stat. § 29-1819.02(1) (Reissue 2008) does not prevent acceptance of a plea and entry of a judgment of conviction. Rather, it provides a basis for the defendant to subsequently move to vacate the judgment and withdraw the plea upon a showing that the advisement was not given and the defendant faces an immigration consequence as a result of the plea and subsequent conviction.
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7. Judgments: Pleas: Convictions. A writ of error coram nobis cannot be utilized to set aside a plea-based conviction on the ground that the court failed to properly advise the defendant of the immigration consequences of the plea.
Appeal from the District Court for Dakota County: PAUL J. VAUGHAN, Judge. Affirmed.
Joshua W. Weir, of Dornan, Lustgarten & Troia, P.C., L.L.O., for appellant.
Jon Bruning, Attorney General, and J. Kirk Brown for appellee.
WRIGHT, CONNOLLY, STEPHAN, MCCORMACK, MILLER-LERMAN, and CASSEL, JJ.
STEPHAN, J.
The issue presented in this appeal is whether the failure of the court to advise a defendant of the immigration consequences of a plea of guilty or nolo contendere prior to acceptance of the plea can serve as the basis for a writ of error coram nobis. We conclude that it cannot and, therefore, affirm the judgment of the district court for Dakota County denying the writ.
On October 28, 2003, Jose Luis Sandoval was charged in Dakota County District Court with possession of methamphetamine. He pled not guilty. In January 2004, Sandoval changed his plea to guilty as part of a plea agreement with the State. The record of the plea hearing reflects that the district court did not advise Sandoval of the immigration consequences of his guilty plea, even though such an advisement is required by Neb. Rev. Stat. § 29-1819.02(1) (Reissue 2008).
After Sandoval had served the sentence for his offense, he filed a "Petition for Writ of Error Coram Nobis" seeking an order "vacating the judgment and allowing [him] to withdraw his previously entered plea of guilty and allow him to enter a plea of not guilty." The petition stated that it was "filed pursuant to the common law writ of error coram nobis which exists in this state pursuant to Neb. Rev. Stat. § 49-101 [Reissue 2010]." It also referenced § 29-1819.02(2), which
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permits a defendant to withdraw a guilty plea if he or she is not advised of the immigration consequences required by § 29-1819.02(1) and the defendant faces such immigration consequences. The petition asserted that neither the district court nor defense counsel advised Sandoval of the immigration consequences of his guilty plea and argued he should be allowed to withdraw his guilty plea based on the violation of § 29-1819.02, because he received ineffective assistance of counsel, and because his plea was not entered freely, intelligently, and voluntarily.
The district court denied relief. It concluded that Sandoval's claims were not based upon an error of fact that could be addressed via a petition for writ of error coram nobis. Sandoval timely appealed. We overruled the State's motion for summary affirmance but ordered supplemental briefing.
Sandoval assigns, restated, that a writ of error coram nobis should be issued, allowing him to withdraw his guilty plea, because the district court failed to advise him of the immigration consequences of his guilty plea prior to accepting it.
[1] When issues on appeal present questions of law, an appellate court has an obligation to reach an independent conclusion irrespective of the decision of the court below.1
Sandoval alleged in his operative petition that the court failed to give him...
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