Lopez-Penaloza v. State

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.

J. Background Facts and Proceedings.

Erika Lopez-Penaloza was charged with two counts of tampering with records in February 2003 after she attempted to obtain an identification card in someone else’s name. Pursuant to a…