NOT DESIGNATED FOR PUBLICATION No. 124,710 IN THE COURT OF APPEALS OF THE STATE OF KANSAS STATE OF KANSAS, Appellee, v. JOSE H. CARRERA, Appellant. MEMORANDUM OPINION Appeal from Seward District Court; CLINT B. PETERSON, judge. Opinion filed November 18, 2022. Affirmed. Jon R. Hansen, of Wichita, for appellant. Russell Hasenbank, county attorney, and Derek Schmidt, attorney general, for appellee. Before ATCHESON, P.J., BRUNS, J., and PATRICK D. MCANANY, S.J. PER CURIAM: This is an appeal following the district court's order dismissing Jose H. Carrera's successive motion to withdraw plea. On appeal, Carrera contends that the district court erred by failing to inquire about an alleged conflict of interest regarding an attorney who had represented him early on in his criminal case. Based on our review of the record on appeal, we find that Carrera has not demonstrated excusable neglect to justify the untimely filing of his successive motion to withdraw plea. Likewise, we find that Carrera has failed to show that he was prejudiced by the alleged conflict of interest. Thus, we affirm the district court. 1 FACTS On May 1, 2009, the State filed a complaint against Carrera for eight counts of drug charges related to the possession and sale of marijuana and the district court appointed the Public Defender's Office to defend him. Jennifer Chaffee was the first appointed attorney to represent Carrera. Then, for a short period of time in August and September 2009, Aaron Gipson served as Carrera's appointed attorney. However, Gipson filed a motion to withdraw as Carrera's counsel and the district court released him from representing Carrera on September 30, 2009. Gipson has not represented Carrera since that time. The district court appointed another attorney, Daniel Schowengerdt, to represent Carrera. Schowengerdt assisted him in entering into a plea agreement with the State in December 2009. As part of the agreement, Carrera agreed to plead no contest to one count of selling marijuana and the State agreed to dismiss all of the other counts with prejudice. On February 26, 2010, the district court sentenced Carrera to probation for a term of 18 months with an underlying sentence of 19 months in prison to be followed by 24 months of postrelease supervision. Carrera did not file a direct appeal. About one year later, another attorney—David K. Link—filed a postsentence motion to withdraw plea on his behalf in February 2011. In the motion, Carrera's attorney argued that the attorney who represented his client during plea negotiations did not fully advise him of the potential immigration consequences of his plea as required by Padilla v. Kentucky, 559 U.S. 356, 366-74, 130 S. Ct. 1473, 176 L. Ed. 2d 284 (2010). On May 11, 2011, the district court held an evidentiary hearing and heard testimony from both Carrera and Schowengerdt. Carrera appeared and testified via telephone because he was in Mexico due to being removed from the United States in April 2011 pursuant to orders of removal by the Department of Homeland Security. The district court subsequently denied …
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