State v. McFadden

In State v. McFadden, 884 P.2d 1303 (Utah 1994), the court of appeals concluded that counsel did not provide ineffective assistance when he failed to advise a defendant of the risk of deportation prior to his guilty plea. 884 P.2d at 1305. McFadden was a Canadian citizen who pleaded guilty as part of a bargain to reduce his charge of forcible sexual abuse. Id. at 1304. Prior to sentencing, he moved to withdraw his guilty plea after learning that his conviction could trigger his deportation. Id. The trial court denied the motion, and on appeal the court of appeals agreed, stating that the possibility of deportation was merely a collateral consequence unrelated to the sentence imposed and the failure of counsel to advise Mr. McFadden of the possibility of deportation did not deprive him of effective assistance of counsel. Id. at 1304-05.