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STATE v. SANDOVAL

No. 82175-5.

249 P.3d 1015 (2011)

STATE of Washington, Respondent, v. Valentin SANDOVAL, Petitioner. In the Matter of the Personal Restraint of Valentin Sandoval, Petitioner.

Supreme Court of Washington, En Banc.

Decided March 17, 2011.

Attorney(s) appearing for the Case

Nancy P. Collins , Washington Appellate Project, Seattle, WA, for Petitioner.

Douglas Robert Mitchell , Grant County Prosecutor's Office, Ephrata, WA, for Respondent.

Sarah A. Dunne , Nancy Lynn Talner , ACLU of Washington Foundation, Michelle Jensen , US Customs & Border Protection, Seattle, WA, amicus counsel for American Civil Liberties Union.

Travis Stearns , Ann Benson , Washington Defender Association, Seattle, WA, amicus counsel for American Immigration Lawyers Association and One America, Northwest Immigrant Rights Project, Washington Association of Criminal Defense Lawyers, Washington Defender Association.

James Morrissey Whisman , King County Prosecutor's Office, Seattle, WA, amicus counsel for Washington Association of Prosecuting Attorneys.

FAIRHURST, J.

¶ 1 The question presented is whether, in light of the United States Supreme Court's decision in Padilla v. Kentucky, ___ U.S. ___, 130 S.Ct. 1473, 176 L.Ed.2d 284 (2010), a noncitizen criminal defendant can be denied the right to effective assistance of counsel when the defense attorney erroneously assures the defendant that the deportation consequence of a guilty plea can be mitigated.

I. FACTUAL...

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