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RUBIO v. STATE

No. 48459.

194 P.3d 1224 (2008)

Manuela RUBIO, Appellant, v. The STATE of Nevada, Respondent.

Supreme Court of Nevada.

October 30, 2008.

Attorney(s) appearing for the Case

Law Offices of Reza Athari and Seth L. Reszko, Las Vegas, for Appellant.

Catherine Cortez Masto, Attorney General, Carson City; David J. Roger, District Attorney, Nancy A. Becker and James Tufteland, Chief Deputy District Attorneys, and James R. Sweetin, Deputy District Attorney, Clark County, for Respondent.

Jeremy T. Bosler, Public Defender, and John Reese Petty, Chief Deputy Public Defender, Washoe County, for Amicus Curiae.

BEFORE THE COURT EN BANC.

OPINION

PER CURIAM:

This appeal invites the court to consider whether counsel's affirmative misrepresentation regarding the possible immigration consequences of a guilty plea affects the voluntariness of the plea.

Appellant Manuela Rubio entered a guilty plea to battery with the use of a deadly weapon. After Rubio was deported, she filed a postconviction motion to withdraw her guilty plea, claiming...

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