IN RE RESENDIZ

No. S078879.

105 Cal.Rptr.2d 431 (2001)

25 Cal.4th 230

19 P.3d 1171

In re Hugo Rangel RESENDIZ, on Habeas Corpus.

Supreme Court of California.

Rehearing Denied June 13, 2001.


Attorney(s) appearing for the Case

Cynthia M. Sorman, San Diego, and Michelle C. Rogers, under appointments by the Supreme Court; and Richard L. Waldron, Anaheim Hills, for Petitioner Hugo Rangel Resendiz.

Law Offices of Norton Tooby and Norton Tooby, Oakland, for California Attorneys for Criminal Justice, California Rural Legal Assistance Foundation, Central American Resource Center, Coalition for Humane Immigrant Rights and Immigrant Legal Resource Center as Amici Curiae on behalf of Petitioner Hugo Rangel Resendiz.

John Philipsborn, San Francisco, for California Attorneys for Criminal Justice as Amicus Curiae on behalf of Petitioner Hugo Rangel Resendiz.

Daniel E. Lungren and Bill Lockyer, Attorneys General, George Williamson and David P. Druliner, Chief Assistant Attorneys General, Gary W. Schons, Assistant Attorney General, Esteban Hernandez, Janelle M. Boustany, Raquel M. Gonzales and Garrett Beaumont, Deputy Attorneys General, for Respondent State of California.

Thomas J. Orloff, District Attorney (Alameda), William M. Baldwin, Assistant District Attorney, and Jeff H. Rubin, Deputy District Attorney, for Appellate Committee of the California District Attorney's Association as Amicus Curiae on behalf of Respondent State of California.


WERDEGAR, J.

The question presented is whether petitioner, in deciding to plead guilty to certain offenses for which he now faces deportation, received ineffective assistance of counsel in violation of the Sixth Amendment to the United States Constitution or article I, section 15 of the California Constitution. The Court of Appeal answered in the affirmative. The Attorney General urges that we adopt a categorical rule...

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