STATE v. MARZOUQ

No. COA19-471.

836 S.E.2d 893 (2019)

STATE of North Carolina v. Ali Awni Said MARZOUQ, Defendant.

Court of Appeals of North Carolina.

Filed: December 3, 2019.


Attorney(s) appearing for the Case

Attorney General Joshua H. Stein , by Assistant Attorney General Joseph L. Hyde , for the State.

Tin Fulton Walker & Owen, PLLC, by Jim Melo, Esq. , for defendant-appellant.

North Carolina Advocates for Justice, by Helen L. Parsonage , and North Carolina Justice Center, by Raul A. Pinto , amici curiae.


Where defendant's guilty plea presumptively subjected him to deportation, trial counsel's advice that defendant "may" be deported constituted ineffective assistance of counsel. However, where the record does not affirmatively show whether the trial court considered defendant's prior convictions to determine prejudice, we must remand...

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