Published:  

San Francisco Chronicle -- Associated Press

The New Mexico Supreme Court says it's not enough that a defendant hears in court that pleading guilty could result in deportation.

The justices ruled Monday in case from Dona Ana County that a defendant was denied effective legal representation because his lawyer hadn't warned him beforehand about a guilty plea's immigration consequences.

Cesar Favela pleaded guilty to charges of aggravated battery with a deadly weapon and driving while under the influence.

The plea's consequences were discussed in court before the judge accepted Favela's plea, but Favela later asked to be allowed to withdraw his guilty plea. He said he hadn't understood the consequences.

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court decisions

Updated: Tue, Jan 27th 2015 @ 1:25pm EST