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NIKOLAEV v. WEBER

No. 23137.

705 N.W.2d 72 (2005)

2005 SD 100

Iliya NIKOLAEV, Petitioner and Appellant, v. Douglas WEBER, Respondent and Appellee.

Supreme Court of South Dakota.

Decided September 28, 2005.

Attorney(s) appearing for the Case

Kari L. Nordstrom, Custer, South Dakota, Attorney for petitioner and appellant.

Lawrence E. Long, Attorney General, Ann C. Meyer, Assistant Attorney General, Pierre, South Dakota, Attorneys for respondent and appellee.

PER CURIAM.

[¶ 1.] Iliya Nikolaev appeals the denial of habeas corpus relief contending the trial court violated his right to due process and his trial counsel was ineffective for failing to advise him of deportation consequences before he entered a guilty plea to third-degree rape. Because we hold that advisement of potential deportation consequences is collateral to a guilty plea we affirm.

FACTS

[¶ 2.] Nikolaev, age thirty-three, was...

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