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STATE v. MARTINEZ

No. S12A0916.

729 S.E.2d 390 (2012)

291 Ga. 455

The STATE v. MARTINEZ.

Supreme Court of Georgia.

July 13, 2012.

Attorney(s) appearing for the Case

John Richard Edwards, A.D.A., Patrick H. Head, Dist. Atty., Office of the District Attorney, Marietta, for appellant.

Jesus A. Nerio, Atlanta, Diana Folds Grant, D.F. Grant Law, L.L.C., Roswell, for appellee.

CARLEY, Chief Justice.

Jose Alonso Martinez is not a citizen of the United States, but he became a permanent legal resident on May 9, 2008. On October 25, 2010, he entered a guilty plea to aggravated battery and received a probated sentence of seven years. As a result, Martinez has since been taken into custody by Immigration and Customs Enforcement (ICE) and faces deportation and banishment from the United States. On July 12, 2011, he filed a petition for writ of...

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