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LOPEZ-PENALOZA v. STATE

No. 10-1205.

804 N.W.2d 537 (2011)

Erika LOPEZ-PENALOZA, Applicant-Appellant, v. STATE of Iowa, Respondent-Appellee.

Court of Appeals of Iowa.

September 8, 2011.

Attorney(s) appearing for the Case

B. Joshua Griffin and Jason M. Finch , Omaha, Nebraska, for appellant.

Thomas J. Miller , Attorney General, Thomas S. Tauber , Assistant Attorney General, Patrick Jennings , County Attorney, and Mark A. Campbell and Athena D. Ladeas , Assistant County Attorneys, for appellee State.

Considered by EISENHAUER, P.J., and DOYLE and MULLINS, JJ.

DOYLE, J.

Erika Lopez-Penaloza appeals the district court's dismissal of her application for postconviction relief, which challenged her trial counsel's failure to adequately advise her about the deportation consequences of her guilty plea to tampering with records. The court concluded Lopez-Penaloza's claims were untimely under Iowa Code section 822.3 (2009) and without merit. We affirm.

I. Background Facts and Proceedings.

Erika Lopez-Penaloza...

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