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ORTEGA-ARAIZA v. STATE

No. S-13-0242.

331 P.3d 1189 (2014)

2014 WY 99

Luis Gerardo ORTEGA-ARAIZA, Appellant (Defendant), v. The STATE of Wyoming, Appellee (Plaintiff).

Supreme Court of Wyoming.

August 6, 2014.

Attorney(s) appearing for the Case

Representing Appellant: Office of the State Public Defender: Diane M. Lozano , State Public Defender; Tina N. Olson , Chief Appellate Counsel; Kirk A. Morgan , Senior Assistant Appellate Counsel. Argument by Mr. Morgan.

Representing Appellee: Peter K. Michael , Wyoming Attorney General; David L. Delicath , Deputy Attorney General; Jenny L. Craig , Senior Assistant Attorney General; Megan L. Nicholas , Assistant Attorney General. Argument by Ms. Nicholas.

Before BURKE, C.J., and HILL, KITE, DAVIS, and FOX, JJ.

FOX, Justice.

[¶ 1] Luis Ortega-Araiza pled guilty to strangling his girlfriend (a household member) in violation of Wyo. Stat. Ann. § 6-2-509(a)(i), (b) (LexisNexis 2013). Prior to his sentencing, he learned that his guilty plea would result in his deportation, and he moved to withdraw the plea, claiming ineffective assistance of counsel. The district court agreed that Mr. Ortega-Araiza's counsel should have advised Mr. Ortega-Araiza that he would be deported...

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