The Iowa Court of Appeals has ruled in favor of a Des Moines man serving time on sexual abuse and burglary charges.
Eddy Cortez, who also goes by the name Ermando Casteleno, was accused of invading the home of a Des Moines woman on October 7th, 2007. Cortez eventually pled guilty to second degree burglary and third degree sexual abuse.
Cortez later appealed, though, saying the district court failed to tell him that guilty plea might affect his immigration status and that he might be on parole for life. The Iowa Court of Appeals agrees that Cortez should have been informed he might be on parole for life. The appeals court overturned his sentence and sent the case back to district court.
The ruling notes that by making that decision on the parole issue — and sending the case back to a lower court — it is not necessary to address the other complaint about the district court judge’s failure to tell Cortez his guilty plea might affect his immigration status.
