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GARCIA v. STATE

No. 31,328.

237 P.3d 716 (2010)

2010-NMSC-023

Jose A. GARCIA, Petitioner, v. STATE of New Mexico, Respondent.

Supreme Court of New Mexico.

May 13, 2010.

Attorney(s) appearing for the Case

Hugh W. Dangler, Chief Public Defender, Allison H. Jaramillo, Assistant Appellate Defender, Santa Fe, NM, for Petitioner.

Gary K. King, Attorney General, Margaret E. McLean, Assistant Attorney General, Ralph E. Trujillo, Assistant Attorney General, Santa Fe, NM, for Respondent.

OPINION

BOSSON, Justice.

{1} Defendant Jose Garcia pleaded guilty to intentional child abuse resulting in death, a crime that carries a life sentence where, as here, Child is under 12 years old. In this direct appeal, Defendant seeks leave to withdraw his guilty plea on the ground that it was not knowing and voluntary, due to ineffective assistance of counsel. Defendant claims that he pleaded guilty because trial counsel incorrectly advised...

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