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State v. Cantarero-Diaz

Court of Appeal of Iowa

June 26, 2013

STATE OF IOWA, Plaintiff-Appellee,
v.
CASARIS AMALIA CANTARERO-DIAZ, Defendant-Appellant.

Appeal from the Iowa District Court for Wapello County, Kirk A. Daily, District Associate Judge.

Casaris Amalia Cantarero-Diaz appeals her conviction for the crime of identity theft, in violation of Iowa Code section 715A.8(3) (2011).

Dan Vondra of Cole & Vondra, L.L.P., Iowa City, for appellant.

Thomas J. Miller, Attorney General, Elisabeth Reynoldson, Assistant Attorney General, and Lisa Holl, County Attorney, for appellee.

Considered by Vogel, P.J., and Vaitheswaran and Bower, JJ.

BOWER, J.

Casaris Amalia Cantarero-Diaz appeals her conviction for the crime of identity theft, in violation of Iowa Code section 715A.8(3) (2011). Cantarero-Diaz argues her trial counsel was ineffective in failing to advise her of the immigration consequences of her decision to plead guilty. On appeal, we find the record is insufficient to pass upon the merits of her arguments and preserve her ineffective assistance-of-counsel claim for postconviction relief.

I. Background Facts and Proceedings

Cantarero-Diaz was arrested after an Iowa Department of Transportation investigation revealed she had obtained an Iowa driver's license under two different names. The minutes of testimony further alleged Cantarero-Diaz had used one of the licenses to obtain employment where her compensation was in excess of $1000. She was charged with identity theft with intent to obtain a benefit worth over $1000, in violation of Iowa Code section 715A.8, a class "D" felony.

Cantarero-Diaz was appointed counsel and provided with an interpreter due to her inability to understand the English language. She entered a written guilty plea to a lesser included charge under the same code section, an aggravated misdemeanor. Cantarero-Diaz was sentenced, under the terms of a plea agreement, to a suspended sentence not to exceed two-years. She argues on appeal her trial counsel was ineffective for failing to advise her of the immigration consequences associated with her guilty plea.

II. Standard of Review

Claims of ineffective assistance of counsel are reviewed de novo. Ennenga v. State, 812 N.W.2d 696, 701 (Iowa 2012).

III. Discussion

Cantarero-Diaz alleges her trial counsel was ineffective for failing to advise her of the immigration consequences of her plea, and she was prejudiced because had she known of the immigration ...


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