Bobadilla v. State
| Decision Date | 25 January 2018 |
| Docket Number | Court of Appeals Case No. 29A02–1706–PC–1203 |
| Citation | 93 N.E.3d 783 |
| Parties | Angelo BOBADILLA, Appellant–Defendant, v. STATE of Indiana, Appellee–Plaintiff. |
| Court | Indiana Appellate Court |
Attorneys for Appellant : John L. Tompkins, The Law Office of John L. Tompkins, Indianapolis, Indiana, Kevin C. Muñoz, Muñoz Legal, LLC, Indianapolis, Indiana
Attorneys for Appellee : Curtis T. Hill, Jr., Attorney General of Indiana, Monika Prekopa Talbot, Supervising Deputy Attorney General, Indianapolis, Indiana
[1] Angelo Bobadilla ("Bobadilla") appeals the Hamilton Superior Court's denial of his petition for post-conviction relief, arguing that his trial counsel was ineffective and that he was prejudiced by the inadequate representation.
[2] We affirm.
[3] Bobadilla was born in Mexico in 1996, and for the last ten years, he has been living in the United States, now legally as an undocumented immigrant under the Deferred Action for Childhood Arrivals ("DACA") program. On March 1, 2016, Bobadilla pleaded guilty to Class A misdemeanor theft and Class B misdemeanor possession of marijuana.1 As part of the plea process, Bobadilla—with counsel—filled out a standard advisement form which contained several paragraphs advising him of the consequences and rights lost as a result of pleading guilty. Next to each paragraph contained either Bobadilla's initials, or "NA" because Bobadilla's trial counsel believed that section was not applicable to his client. The back page of the advisement form contains the following statement:
If you are not a U.S. citizen, a criminal conviction may have immigration consequences, including deportation. You should discuss this possibility with your attorney because if you do plead guilty, it will result in a criminal conviction.
Appellant's App. p. 26. Bobadilla's trial counsel never inquired into Bobadilla's immigration status, and he incorrectly marked "NA" next to this statement.2 The court accepted the guilty plea the next day.
[4] On December 19, 2016, Bobadilla filed a petition for post-conviction relief, alleging that he had received ineffective assistance from his trial counsel because he was not advised of the immigration consequences of his guilty plea. An evidentiary hearing was held on March 7, 2017, where both Bobadilla's trial counsel and Bobadilla testified. Bobadilla's counsel indicated: (1) that he personally marked "NA" in the boxes on the advisement form not containing Bobadilla's initials, (2) that he never asked Bobadilla about his citizenship status, (3) that Bobadilla spoke fluent English and was familiar with American customs, (4) that he did not understand Bobadilla was a Hispanic name at the time, and (5) that Bobadilla never informed him that he was not a naturalized citizen.
[5] Bobadilla explained during the hearing that his DACA status was at risk as a result of the conviction.3 He also told the court that he did not read the statements on the advisement form marked with an "NA" because his trial counsel told Bobadilla that they were not applicable to him—instead, he only read the statements next to which he personally initialed. However, Bobadilla admitted to reading the certification statement at the end of the advisement form indicating that he had read and understood each paragraph on the form—he then initialed next to it, and signed his name underneath.
[6] The post-conviction court denied Bobadilla's petition on April 17 with findings of fact and conclusions of law. Bobadilla then filed an emergency motion to correct error and a request for an expedited hearing on May 12.4 The post-conviction court denied the motion to correct error three days later without a hearing. Bobadilla now appeals.
[7] The post-conviction petitioner bears the burden of establishing grounds for relief by a preponderance of the evidence. Willoughby v. State , 792 N.E.2d 560, 562 (Ind. Ct. App. 2003), trans. denied . When a petitioner appeals the denial of a petition for post-conviction relief, the petitioner stands in the position of one appealing from a negative judgment. Id. On appeal, we do not reweigh evidence nor judge the credibility of witness; therefore, to prevail, Bobadilla must show that the evidence as a whole leads unerringly and unmistakably to a conclusion opposite that reached by the post-conviction court. Id.
[8] Where here, the post-conviction court made specific findings of fact and conclusions of law in accordance with Indiana Post–Conviction Rule 1(6), we must determine if the court's findings are sufficient to support its judgment.
Graham v. State , 941 N.E.2d 1091, 1096 (Ind. Ct. App. 2011), aff'd on reh'g , 947 N.E.2d 962 (Ind. Ct. App. 2011). Although we do not defer to the post-conviction court's legal conclusions, we review the post-conviction court's factual findings for clear error. Id. Accordingly, we will consider only the probative evidence and reasonable inferences flowing therefrom that support the post-conviction court's decision. Id.
[9] A claim of ineffective assistance of trial counsel here requires a showing that: (1) Bobadilla's trial counsel's performance was deficient by falling below an objective standard of reasonableness; and (2) that the deficient performance prejudiced Bobadilla such that "there is a reasonable probability that, but for counsel's unprofessional errors, the result of the proceeding would have been different." Strickland v. Washington , 466 U.S. 668, 694, 104 S.Ct. 2052, 80 L.Ed.2d 674 (1984). Failure to satisfy either of the two elements will cause the claim to fail. French v. State , 778 N.E.2d 816, 824 (Ind. 2002). And when it is easier to dispose of an ineffectiveness claim on the lack of prejudice, then this is the course we should follow. Trujillo v. State , 962 N.E.2d 110, 114 (Ind. Ct. App. 2011).
[10] Because Bobadilla's claims are based on his contention that he received ineffective assistance of counsel as part of his guilty plea, we examine his claims under our supreme court's decision in Segura v. State , 749 N.E.2d 496 (Ind. 2001). Segura categorizes two types of ineffective assistance of trial counsel claims made in the context of guilty pleas: (1) the failure to advise the defendant on an issue that impairs or overlooks a defense, and (2) an incorrect advisement of penal consequences. Id. at 500 ; see also Manzano v. State , 12 N.E.3d 321, 326 (Ind. Ct. App. 2014), trans. denied .
[11] Bobadilla contends that his trial counsel's failure to advise him of the potential immigration consequences of his plea was prejudicial because he "was taken into custody by US Immigration and Customs Enforcement on May 3, 2017, as a result of his conviction for theft that was entered based on his guilty plea in this case." Appellant's Br. at 10.5 Thus, Bobadilla's claim falls under Segura's second category where "a petitioner must establish, by objective facts, circumstances that support the conclusion that counsel's errors in advice as to penal consequences were material to the decision to plead." Segura , 749 N.E.2d at 507. Under this category, it is also appropriate to consider "the strength of the State's case," which a reasonable defendant would take into account when pondering a guilty plea, and "the benefit conferred upon the defendant." Suarez v. State, 967 N.E.2d 552, 556 (Ind. Ct. App. 2012), trans. denied.
[12] Bobadilla has failed to show that was he was prejudiced by trial counsel's failure to advise him of the risk of deportation. We initially note that Bobadilla never asserted that he would have proceeded to trial had he known the potential consequences of his plea. When asked if he would have reacted differently had the statement pertaining to immigration consequences not been marked NA by trial counsel on the advisement form, Bobadilla merely stated, Tr. p. 17. However, the approach Bobadilla would have taken is unclear, and his general statement is insufficient to establish prejudice based on improper advice from trial counsel. See Segura, 749 N.E.2d at 508 (); see also Gulzar v. State , 971 N.E.2d 1258, 1261 (Ind. Ct. App. 2012), trans. denied ; State v. Bonilla , 957 N.E.2d 682, 685 (Ind. Ct. App. 2011).
[13] Moreover, the State's case against Bobadilla was strong, and he received a substantial benefit by choosing to plea. At his plea hearing, Bobadilla agreed with the State's factual basis for his theft and possession of marijuana convictions. And the State dropped two additional misdemeanor counts because Bobadilla accepted a plea agreement. Thus, Bobadilla admitted to the facts forming the basis of the crimes for which he was convicted, he received the benefit of avoiding two more convictions on his record, and he received an entirely suspended sentence from the court. See Clarke v. State , 974 N.E.2d 562, 568 (Ind. Ct. App. 2012), trans. denied ; Gulzar , 971 N.E.2d at 1262. Under our supreme court's decision in Segura , Bobadilla has failed to establish that he would have proceeded to trial had he known of the adverse immigration risks, and he has failed to allege any special circumstances warranting post-conviction relief. Accordingly, we cannot say that Bobadilla was prejudiced by his trial counsel's failure to advise him of the risk of deportation.
[14] Bobadilla also contends that he has sufficiently proven prejudice under the United States Supreme Court's recent decision in Lee v. U.S. , –––U.S. ––––, 137 S.Ct. 1958, 198 L.Ed.2d 476 (2017), which he argues lowers the bar for what must be shown in an immigration action to establish prejudice. Appellant's Br. at 10. In that case, Lee was living in the United States as a lawful permanent...
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Bobadilla v. State
...behalf. A divided Court of Appeals affirmed the post-conviction court's decision, albeit on different legal grounds. Bobadilla v. State , 93 N.E.3d 783 (Ind. Ct. App. 2018). Unlike the lower court, the Court of Appeals decided the matter on Strickland 's prejudice prong. Id. at 786–87. The ......