Garza v. IdahoAnnotate this Case
Gilberto Garza, Jr., appealed a district court’s dismissal of his petitions for post-conviction relief. Garza signed two plea agreements relating to charges of aggravated assault and possession of a controlled substance with intent to distribute. As part of his plea agreements Garza waived his right to appeal. Despite the waivers, Garza instructed his attorney to appeal. Garza’s attorney declined to file the appeals, citing the waivers of appeal in the plea agreements. Garza then filed two petitions for post-conviction relief on his own, alleging his counsel was ineffective for failing to appeal. The district court dismissed Garza’s petitions concluding Garza’s counsel was not ineffective in failing to appeal. The Court of Appeals and the Idaho Supreme Court agreed and affirmed.
- Gilberto Garza, Jr. v. State, No. 44015 (Idaho Ct. App. Feb. 02, 2017)