Missouri Court of Appeals, Eastern District / Sep 20, 2022
Hector Montes, Appellant, vs. State of Missouri, Respondent.
Hector Montes appealed the denial of his Rule 24.035 motion for post-conviction relief, arguing his plea counsel was ineffective for failing to advise him about the deportation consequences of his guilty plea to first-degree domestic assault. The motion court denied relief, finding counsel's advice was correct and Montes suffered no prejudice. The appellate court affirmed, holding that counsel's advice about the likelihood of deportation satisfied Padilla v. Kentucky, and Montes's claim of prejudice was not rational given the overwhelming evidence against him and the favorable plea agreement.