Garcia v. State

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 him that negligent and intentional child abuse resulting in death are both “first degree felonies,” carrying a 30-year prison sentence, and that he could be…