STATE v. NUNEZ-DIAZ

No. CR-18-0514-PR.

444 P.3d 250 (2019)

STATE of Arizona, Petitioner, v. Hector Sebastion NUNEZ-DIAZ, Respondent.

Supreme Court of Arizona.

Filed July 16, 2019.


Attorney(s) appearing for the Case

Ray A. Ybarra Maldonado (argued), Juliana C. Manzanarez , Law Office of Ray A. Ybarra Maldonado, PLC, Phoenix, Attorneys for Hector Sebastion Nunez-Diaz.

William G. Montgomery , Maricopa County Attorney, Karen Kemper , Deputy County Attorney (argued), Phoenix, Attorneys for State of Arizona.

Mark Brnovich , Arizona Attorney General, Drew C. Ensign (argued), Deputy Solicitor General, Phoenix, Attorneys for Amicus Curiae Arizona Attorney General.

John Walters , Office of the Pima County Public Defender, Tucson; Jon M. Sands , Federal Public Defender, Keith J. Hilzendeger (argued), Assistant Federal Public Defender, Phoenix; Grant D. Wille , Ralls & Reidy, P.C., Tucson, Attorneys for Amici Curiae Arizona Attorneys for Criminal Justice, Pima County Public Defender, and the Federal Public Defender for the District of Arizona.

CHIEF JUSTICE BALES authored the opinion of the Court, in which JUSTICES TIMMER, BOLICK and PELANDER (Retired) joined. JUSTICE BOLICK, joined by JUSTICE PELANDER, filed a concurring opinion. JUSTICE LOPEZ, joined by VICE CHIEF BRUTINEL and JUSTICE GOULD, filed an opinion concurring in the result.


¶1 In this case involving post-conviction relief, the State argues that the lower courts erred in concluding that Hector Sebastion Nunez-Diaz, an undocumented immigrant, received ineffective assistance of counsel when he entered a guilty plea resulting in his mandatory deportation. The State contends...

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