OMAHA, Neb. (AP) — The Nebraska Supreme Court has reversed a trial judge’s ruling that he did not have jurisdiction to hear a man’s motion to withdraw his guilty plea years after he had already served his sentence.
Francisco Rodriguez, of Omaha, was sentenced in 2004 to two years’ probation for misdemeanor drug possession.
Rodriguez said he pleaded guilty only after a former trial judge advised him that he could be deported if he pleaded guilty to a felony. State law requires judges to give such warnings to those subject to deportation because of criminal convictions, but the judge’s warning deviated from the explicit language required by the state law.
The Supreme Court said Friday that the law does not require plea withdrawal motions to be filed before a defendant completes his sentence.