State Of Washington v. Carlos Q. Cisneros ( 2014 )

IN THE COURT OF APPEALS OF THE STATE OF WASHINGTON
DIVISION ONE
STATE OF WASHINGTON,
No. 69824-9-1
Respondent,
v.
CARLOS A. QUINTERO CISNEROS, UNPUBLISHED OPINION
Appellant. FILED: May 12, 2014
Per Curiam — Carlos Cisneros appeals an order denying his motion to withdraw
his guilty plea to third degree assault of a child with sexual motivation. Citing Padilla v.
Kentucky, 559 U.S. 356, 130 S. Ct. 1473, 176 L. Ed. 2d 284 (2010), he contends he
was entitled to withdraw his plea because his attorney failed to inform him that he would
be deported if he pleaded guilty. He concedes that his motion was filed beyond the one
year time limit on collateral attacks in RCW 10.73.100. He argues, however, that
Padilla constitutes a significant, retroactive change in the law, and therefore his motion
falls within an exception to the one year time bar. RCW 10.73.100(6). In support of the
latter proposition, Cisneros cites this court's decision in In re Personal Restraint of
Jaqana. 170 Wash. App. 32, 282 P.3d 1153 (2012).
In Jaqana. we held "there are sufficient reasons to apply Padilla retroactively."
170 Wash. App. at 56. But our State Supreme Court granted review of Jaqana and
No. 69824-9-1/2
remanded "for reconsideration in light of Chaidez v. United States, U.S. , 133 S.
Ct. 1103, 185 L. Ed. 2d 149(2013). Chaidez held that Padilla does not apply
retroactively and that "a person whose conviction is already final may not benefit from
the [Padilla] decision in a habeas or similar proceeding." Chaidez, 133 S. Ct. at 1107.
In light of Chaidez, this court dismissed Jagana's petition. Similarly, Division Two of this
court recently dismissed a personal restraint petition as untimely under Chaidez. State
v. Martinez-Leon. 174 Wn App. 753. 760-61. 300 P.3d 481. review denied. 179Wn.2d
1004 (2013) (time bar exception in RCW 10.73.100(6) requires showing that Padilla is
retroactive; because Chaidez holds that it is not retroactive, Martinez-Leon's petition
was time barred); see also State v. Carney. Wn. App. _, 314 P.3d 736, 744 (2013)
(rejecting argument that RCW 10.73.100(6) is distinct from federal retroactivity analysis,
stating that in "In re Pers. Restraint of Haqhiqhi. 178 Wash. 2d 435, 309 P.3d 459 (2013),
the Washington Supreme Court reiterated that it has 'interpreted RCW 10.73.100 as a
procedural rule that is entirely consistent with the federal retroactivity analysis. . . .
Since Teaque .. ., this court has consistently and repeatedly followed and applied the
federal retroactivity analysis as established in Teague. Haqhiqhi. 178Wn.2d at 464"
(alterations in original)).
Accordingly, because Cisneros's collateral attack on his guilty plea was filed
more than one year after his conviction became final and before the decision in Padilla.
and because Padilla is not retroactive, his motion is time barred and the superior court
properly denied it.
No. 69824-9-1/3
Affirmed.
FOR THE COURT:
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