September 11, 2019
[Copyrighted Material Omitted]
Superior Court, Judicial District of Tolland, Mullarkey,
Judge Trial Referee
Jennifer B. Smith, for the appellant (petitioner).
Riggione, senior assistant states attorney, with whom, on
the brief, were Margaret E. Kelley, states attorney, Angela
Macchiarulo, senior assistant states attorney, and Michael
Proto, assistant states attorney, for the appellee
C. J., and Alvord and Pellegrino, Js.
Conn.App. 795] The petitioner, Chrysostome Kondjoua, appeals
from the judgment of the habeas court denying his petition
for a writ of habeas corpus. The petitioner claims that the
habeas court improperly rejected his claims that (1) his
trial counsel provided ineffective assistance by failing to
advise him properly of the immigration consequences of
pleading guilty under Padilla v. Kentucky, 559 U.S.
356, 130 S.Ct. 1473, 176 L.Ed.2d 284 (2010), and (2) his
guilty plea was not knowingly, intelligently, and voluntarily
made. We disagree and, therefore, affirm the judgment of the
following facts and procedural history are relevant to this
appeal. The petitioner is a Cameroonian citizen who has
resided in the United States since 2010 as a long-term,
permanent resident with a green card. He was arrested on
November 29, 2013, and charged with the sexual assault in the
first degree of an eighty-three year old woman, for whom he
had been working. The petitioner entered a plea of not guilty
and elected a jury trial.
December 16, 2014, after the jury had been picked and
evidence was set to begin, the petitioner accepted a plea
agreement to the reduced charge of sexual assault in the
third degree. Before accepting the petitioners [194
Conn.App. 796] guilty ...