State v. Ysea
In State v. Ysea, 191 Ariz. 372, 377, P15, 956 P.2d 499, 504 (1998), the Arizona Supreme Court discussed the prejudice requirement in the context of a plea agreement. 191 Ariz. at 377, P17, 956 P.2d at 504.
There, the defendant, who was charged with first degree murder, accepted a plea offer, pled guilty to manslaughter, and was sentenced to life imprisonment without the possibility of parole for 25 years. Id. at 374, PP1-2, 956 P.2d at 501.
The defendant had agreed to accept the plea offer based on erroneous advice from his lawyer regarding whether his prior conviction could be used as an aggravating factor thus triggering the possibility of a death sentence on a first degree murder conviction. See id. at P 3.
The Arizona Supreme Court stated that to establish prejudice in the context of a plea agreement, a defendant "must show a reasonable probability that except for his lawyer's error he would not have waived his right to trial and entered a plea." Id. at 377, P17, 956 P.2d at 504.