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STATE v. MARTINEZ

No. 29018-2-III.

253 P.3d 445 (2011)

161 Wash.App. 436

STATE of Washington, Respondent, v. Jose MARTINEZ, II, Appellant.

Court of Appeals of Washington, Division 3.

April 21, 2011.

Attorney(s) appearing for the Case

Brian Patrick Conry , Attorney at Law, Portland, OR, for Appellant.

Teresa Jeanne Chen , Attorney at Law, Pasco, WA, James Lyle Nagle , Office of the Pros. Attorney, Walla Walla, WA, for Respondent.

BROWN, J.

¶ 1 Jose Martinez, a legal alien concerned about deportation, appeals the trial court's decision denying his plea-withdrawal request. His crime, possessing a controlled substance with intent to deliver is an aggravated felony that, if committed by an alien, is a deportable offense. See 8 U.S.C. § 1227(a)(2)(A)(iii) ("Any alien who is convicted of an aggravated felony at any time after admission is deportable."); 8 U.S.C. § 1101(a)(43...

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