CourtListener 4332298•Luis Carlos Ceniceros, Applicant-Appellant v. State of Iowa
Luis Carlos Ceniceros, Applicant-Appellant v. State of Iowa
CourtListener 4332298Iowactapp21 de dez. de 2016
Texto completo
IN THE COURT OF APPEALS OF IOWA
No. 15-1494
Filed December 21, 2016
LUIS CARLOS CENICEROS,
Applicant-Appellant,
vs.
STATE OF IOWA,
Respondent-Appellee.
________________________________________________________________
Appeal from the Iowa District Court for Scott County, John D. Telleen,
Judge.
Luis Carlos Ceniceros appeals the denial of his postconviction-relief
application. AFFIRMED.
Courtney T. Wilson of Gomez May L.L.P., Davenport, for appellant.
Thomas J. Miller, Attorney General, and Louis S. Sloven, Assistant
Attorney General, for appellee State.
Considered by Danilson, C.J., and Mullins and Bower, JJ.
2
MULLINS, Judge.
Luis Carlos Ceniceros appeals the denial of his postconviction-relief
(PCR) application in which he claimed his trial counsel was ineffective in failing to
adequately advise him of the immigration consequences of his guilty plea.
Ceniceros concedes his trial counsel told him his plea might have some effect on
his immigration status but contends he was not fully apprised of the likelihood of
any effect coming to pass. Prior to the hearing on Ceniceros’s PCR action,
Ceniceros’s trial counsel was deposed. Ceniceros’s counsel testified, in relevant
part, to the following: she was well aware of her duties under Padilla v. Kentucky,
559 U.S. 356 (2010), and had helped organize a seminar on the case in 2010;
she determined and told Ceniceros that, based on his status and the crimes with
which he was charged, “he would be removed from the country and very likely, if
not definitely, not be allowed to return through legal immigration”; she had
advised Ceniceros to speak to his consulate and retain an immigration attorney;
she had spoken to the immigration attorney retained by Ceniceros’s family and
relayed the information received from this immigration attorney to Ceniceros; and
she provided Ceniceros a checklist entitled “Immigration Consequences of
Crimes Checklist.” The record also reflects Ceniceros initialed a provision of the
written plea of guilty that provided: “For persons who are not U.S. citizens: I
understand that a criminal conviction or deferred judgment may result in my
deportation or have other adverse immigration consequences if I am not a U.S.
Citizen. I have had the opportunity to discuss this with my attorney and
consulate.”
3
In denying Ceniceros’s claim, the PCR court found the testimony of
Ceniceros’s counsel “could scarcely have been more in conflict from that of
Mr. Ceniceros” and determined Ceniceros’s counsel’s testimony was more
credible. On appeal, Ceniceros contends the PCR court erred in finding his
counsel more credible. On our de novo review, giving weight to the credibility
findings of the district court, see Ledezma v. State, 626 N.W.2d 134, 141 (Iowa
2001), we affirm the district court’s finding Ceniceros’s counsel did not fail to
perform an essential duty.
We affirm the district court’s denial of Ceniceros’s PCR application without
further opinion. See Iowa Ct. R. 21.26(1)(d), (e).
AFFIRMED.
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