FILED Dec 21 2018, 9:31 am CLERK Indiana Supreme Court Court of Appeals and Tax Court ATTORNEYS FOR APPELLANT ATTORNEYS FOR APPELLEE Kevin C. Munoz Curtis T. Hill, Jr. Emma Jo Ann Mahern Attorney General of Indiana Munoz Legal, LLC Jesse R. Drum Indianapolis, Indiana Deputy Attorney General Indianapolis, Indiana IN THE COURT OF APPEALS OF INDIANA Romana Balderas, December 21, 2018 Appellant-Petitioner, Court of Appeals Case No. 17A-PC-3014 v. Appeal from the Clinton Circuit Court State of Indiana, The Honorable Bradley K. Mohler, Appellee-Respondent Judge Trial Court Cause No. 12C01-1705-PC-444 Baker, Judge. Court of Appeals of Indiana | Opinion 17A-PC-3014 | December 21, 2018 Page 1 of 7 [1] Romana Balderas appeals the post-conviction court’s denial of her petition for post-conviction relief after Balderas pleaded guilty to conspiracy to commit forgery, a Class C felony. Balderas argues that the laches defense does not apply to her case and that her trial counsel provided ineffective assistance pursuant to Padilla v. Kentucky, 559 U.S. 356 (2010), by not advising her of the severe deportation consequences that could accompany a guilty plea. Finding that laches bars Balderas’s case, we affirm. Facts1 [2] On January 5, 2005, a confidential informant working with the Indiana State Police sold Balderas a fake Social Security card and a woman’s resident alien ID card for $200. At the time, Balderas was not yet a lawful, permanent resident in the United States. On January 11, 2005, the State charged her with two counts of Class C felony conspiracy to commit forgery and one count of Class C felony corrupt business influence. While her criminal case was pending, Balderas worked with an immigration attorney to become a lawful, permanent resident. [3] On March 15, 2006, Balderas pleaded guilty to one count of Class C felony conspiracy to commit forgery pursuant to a written plea agreement. In exchange for pleading guilty, the State dismissed the other charges. If found 1 We held oral argument for this case on December 3, 2018, in Indianapolis. We thank both parties for their stimulating conversations and willingness to answer our questions. Court of Appeals of Indiana | Opinion 17A-PC-3014 | December 21, 2018 Page 2 of 7 guilty at trial, Balderas could have been sentenced up to eight years for each Class C felony count with a potential aggregate sentence of twenty-four years.2 Balderas claims that at some point, she informed her criminal attorney that she was not a lawful, permanent resident and that her attorney did not advise her of the severe deportation consequences that accompany a guilty plea. [4] The trial court sentenced her to a two-year term fully suspended to probation. The State, thinking the case was completed, returned Balderas’s property and destroyed pertinent evidence such as recordings, cassette tapes, and photographs. The State retained only photocopies of certain documents. Balderas became a lawful, permanent resident in March 2015 after marrying her husband, a U.S. citizen. [5] On April 28, 2017, Balderas filed a petition for post-conviction relief, arguing that her ...
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