Considered on Briefs on Jan. 14, 2014.
[Copyrighted Material Omitted]
Paul Eisenbraun of Grey Law, Prof. LLC, Rapid City, SD, Attorneys for plaintiff and appellant.
Marty J. Jackley, Attorney General, Matt Naasz, Assistant Attorney General, Pierre, SD, Attorneys for defendant and appellee.
[¶ 1.] In 2013, Carlos Garcia petitioned for a writ of error coram nobis, seeking to vacate a 2001 criminal conviction. He argued that the conviction was invalid because he pleaded guilty without being given Padilla and Boykin advisements. The circuit court granted summary judgment in favor of the State. Garcia appeals. We affirm.
Facts and Procedural History
[¶ 2.] Carlos Garcia is a Honduran national. He has lived in the United States since 1987. In 2001, Garcia pleaded guilty to a felony in South Dakota. He received a four-year suspended sentence. Currently, Garcia is involved in removal and deportation proceedings that are based on his 2001 conviction.
[¶ 3.] During his arraignment in 2001, Garcia was fully advised by the circuit court of his rights, including his right to a jury trial, his right to confront and cross-examine the witnesses against him, and his right against self-incrimination. He was asked if he understood those rights— he responded that he did. Garcia was then advised of his charges and the different pleas available to him. As part of the advisement, the court explained that a guilty plea would waive the rights that Garcia had just been advised of. Garcia pleaded not guilty.
[¶ 4.] Twenty-one days later, at a change-of-plea hearing, Garcia pleaded guilty. During this hearing, the circuit court did not repeat the advisement given at the arraignment. The court did, however, ask Garcia whether " anybody threatened or promised [him] anything to get [him] to enter the plea of guilty [.]" He responded no. The court accepted Garcia's guilty plea, found him guilty, and entered its sentence. Prior to his 2001 plea, Garcia's counsel had not advised Garcia of the possible deportation consequences of a guilty plea.
[¶ 5.] In 2013, Garcia filed a petition for a writ of error coram nobis, seeking to vacate his 2001 conviction. He argued that the conviction was invalid because he pleaded guilty without being given Padilla and Boykin advisements. See Padilla v. Kentucky, 559 U.S. 356, 130 S.Ct. 1473, 176 L.Ed.2d 284 (2010); Boykin v. Alabama, 395 U.S. 238, 89 S.Ct. 1709, 23 L.Ed.2d 274 (1969). The State moved for summary judgment, which the circuit court granted. Garcia appeals.