Tarango DeForest Padilla v. State

GUTIERREZ, Chief Judge.

Tarango Deforest Padilla appeals from the district court’s judgment denying his amended petition for post-conviction relief following an evidentiary hearing. Specifically, Padilla contends that defense counsel provided ineffective assistance by failing to file a motion to suppress. For the reasons that follow, we vacate and remand.

I

FACTS AND PROCEDURE

In Twin Falls, a street runs north to south (the Street) and the Street is intersected by an alleyway that runs east to west (the Alley). 1 At approximately 2:30 a.m. in August 2009, a Twin Falls police officer was in his…