State v. Garcia

WILBUR, Justice.

[¶ 1J Pablo Garcia appeals from the trial court’s denial of his motion to re-open and vacate judgment. In applying the principles set forth in Teague v. Lane, 489 U.S. 288, 109 S.Ct. 1060, 103 L.Ed.2d 334 (1989), the trial court determined that the rule announced in the United States Supreme Court’s holding in Padilla v. Kentucky, 559 U.S. 356, 130 S.Ct. 1473, 176 L.Ed.2d 284 (2010) was a new rule that does not apply retroactively. We affirm.

FACTS AND PROCEDURAL HISTORY

[¶ 2.] Garcia was born in Mexico. Pri- or to his first birthday, Garcia’s mother moved with Garcia to the…