STATE OF ARIZONA v ANDERSON
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Larry Dean Anderson was convicted of conspiracy to commit first-degree murder and sentenced to life in prison without the possibility of release for twenty-five years. Anderson filed a post-conviction relief (PCR) petition, claiming that his attorney erroneously advised him that he was eligible for parole, which led him to reject a plea agreement. The issue was whether this claim for PCR based on ineffective assistance of counsel (IAC) was either precluded or untimely.
The Superior Court in Pima County initially dismissed Anderson's request for an evidentiary hearing and denied relief. The court determined that Anderson's IAC claim was not precluded or untimely, but it also determined that Anderson's IAC claim was not colorable. The court of appeals denied relief, determining Anderson's IAC claim was untimely and his delay unexcused. It also held his claim was precluded because he failed to raise it in his previous petitions for PCR.
The Supreme Court of the State of Arizona reversed and remanded the case. The court held that Anderson's PCR claim was neither untimely nor precluded and he was entitled to an evidentiary hearing to determine whether he had been offered a plea agreement before his trial. The court found that Anderson's attorney's performance was deficient under Strickland because his error constituted incorrect advice on a significant issue relating to Anderson's potential sentence if convicted. The court also found that Anderson had presented enough evidence for an opportunity to establish the existence of an offered plea agreement at an evidentiary hearing.
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