Lucero v. State

ON WRIT OF CERTIORARI.

KONDUROS, J.

In this post-conviction relief (PCR) action, the State argues the PCR court erred in finding Padilla v. Kentucky, 559 U.S. 356, 130 S.Ct. 1473, 176 L.Ed.2d 284 (2010), applied retroactively and granting Ken Lucero’s application for PCR. The State also contends the PCR court erred in denying its motion to dismiss on the basis that the application was barred by the statute of limitations and laches. We reverse.

*242FACTS

Lucero was born in Ecuador, moved to the United States in 1993, and became a “permanent resident alien” in 2000. On June 6, 2002, she was traveling…