 |
 |
to fill out a simple form to connect to DUI Lawyers in your area.
|
|
|
|
|
State v. Muriithi5/31/2002
Affirmed.
This is an appeal by Anthony G. Muriithi, a noncitizen, in which defendant's criminal convictions made him deportable. Muriithi appeals from the district court's denial of his motion to withdraw plea and set aside conviction. See State v. Solomon, 257 Kan. 212, Syl. 1, 891 P.2d 407 (1995.) The court transferred the appeal from the Court of Appeals. K.S.A. 20-3018(c).
Muriithi raises the following issues in this appeal: whether counsel's failure to advise Muriithi that he would be deportable as a consequence of his convictions resulted in manifest injustice, whether the trial judge's failure to advise Muriithi of the immigration consequences of his convictions resulted in manifest injustice, and whether Muriithi's pleas were unknowing and involuntary due to the trial judge's failing to advise defendant that he was waiving constitutional rights.
On August 20, 1998, Muriithi pled no contest to one count of domestic battery and one count of endangering a child. The State dismissed two counts of battery, two counts of endangering a child, and one count of intimidation of a witness and recommended probation. One count of endangering a child involved 16-day-old Nathaniel Muriithi.
Muriithi stipulated to the facts contained in the affidavit, which was filed with the complaint. According to the affidavit, Muriithi went to an apartment on the evening of June 30, 1998, where there were three small sleeping children with Dena Yoakum and Sherry Tunstall in one room. Muriithi argued with Yoakum and slapped her. Muriithi lifted and swung Tunstall's 2-year-old girl by her arm. When Tunstall tried to get the child away from him, Muriithi slapped and pushed her. When Tunstall tried to call 911, Muriithi struggled with her, hit her with the telephone, pulled her hair, and grabbed her wrist.
At the plea proceeding, the trial court advised Muriithi that he had "an absolute right to a trial." The trial court also advised Muriithi that at a trial the State would have to prove him guilty beyond a reasonable doubt, that he would have the right to confront witnesses and to subpoena witnesses, that he would have the right to testify but could not be compelled to do so, and that he would have the right to appeal from a guilty verdict.
In addition, Muriithi was informed that the domestic battery count was punishable by a maximum penalty of 6 months in jail and that the endangering a child count was punishable by up to 1 year in jail. Muriithi responded that he understood the possible penalties.
When Muriithi arrived for the plea proceeding without counsel, the trial court suggested that the defendant talk to one of the lawyers in the misdemeanor defense group and stated that counsel would be appointed for him. At the plea proceeding and sentencing, Muriithi was represented by counsel.
After asking that Muriithi be placed on probation so that he could continue supporting his children and pay costs and fees, counsel stated: "To address the question of fees, Judge, as you know, I spoke to Mr. Muriithi very briefly regarding this case and I would ask that you consider either waiving the attorney's fees or at least paroling them down since, really, I really didn't have to do very much, Judge." The sentencing judge placed Muriithi on supervised probation for 12 months.
In March 2000, deportation proceedings against Muriithi, which were based in part on his conviction for domestic battery, concluded with an order that he be removed from the United States to Kenya. A provision of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 (IIRIRA) makes any alien deportable if convicted in the United Stat
Page 1 2 3 4 5 6 7 8 9 10 Kansas DUI Attorneys
DUI Lawyers
|
| |
to fill out a simple form to connect to DUI Lawyers in your area.
|
|