Olvera v. State

OPINION

DARDEN, Judge.

STATEMENT OF THE CASE

Juan I. Olvera appeals the denial of his petition for post-conviction relief.

We affirm in part, reverse in part and remand with instructions.

ISSUE

Whether the post-conviction court erred in denying Olvera’s petition.

FACTS

On November 12, 2003, Olvera, a then-thirty-five year-old Mexican national, drove his twelve-year-old niece from Illinois to Indiana without permission from her parents. An Illinois Amber Alert was issued as to the girl. Olvera had sexual intercourse with the girl in a Lafayette motel, and was subsequently apprehended by Lafayette…