MEMORANDUM DECISION Pursuant to Ind. Appellate Rule 65(D), this Memorandum Decision shall not be FILED regarded as precedent or cited before any Feb 20 2019, 8:39 am court except for the purpose of establishing CLERK the defense of res judicata, collateral Indiana Supreme Court Court of Appeals estoppel, or the law of the case. and Tax Court ATTORNEY FOR APPELLANT ATTORNEYS FOR APPELLEE Alexander E. Budzenski Curtis T. Hill, Jr. Indianapolis, Indiana Attorney General of Indiana Matthew B. MacKenzie Deputy Attorney General Indianapolis, Indiana IN THE COURT OF APPEALS OF INDIANA Jose Angel Hernandez, February 20, 2019 Appellant-Petitioner, Court of Appeals Case No. 18A-PC-1357 v. Appeal from the Tippecanoe Superior Court State of Indiana, The Honorable Laura W. Zeman, Appellee-Respondent. Judge Trial Court Cause No. 79D04-1701-PC-5 Altice, Judge. Court of Appeals of Indiana | Memorandum Decision 18A-PC-1357 | February 20, 2019 Page 1 of 27 Case Summary [1] Jose Angel Hernandez, a citizen of Mexico, entered the United States with his parents in 2002, when he was sixteen years old. In August 2014, he pled guilty to possession of cocaine and synthetic identity deception, both Class D felonies. Hernandez filed a petition for post-conviction relief, in which he argued that (1) his guilty plea counsel failed to properly advise him of the immigration consequences associated with his guilty plea, and (2) the trial court should have provided him with a Spanish-language interpreter at his hearings to “ensur[e] that he understood his Boykin rights prior to entering his plea of guilty.” Appellant’s Appendix Vol. 2 at 16. Following the denial of his petition, Hernandez appeals and raises the following restated issues: I. Whether Hernandez received ineffective assistance of trial counsel; and II. Whether Hernandez established that, because he did not have an interpreter at trial court hearings, he did not knowingly and voluntarily waive his Boykin rights. [2] We affirm. Facts & Procedural History [3] Hernandez, born in October 1985, is a native of Mexico and remains a citizen of Mexico. He came to the United States in 2002 with his parents, and he has not returned to Mexico since he left. Hernandez did not have a green card or visa when he entered the United States, and he has not obtained one since his Court of Appeals of Indiana | Memorandum Decision 18A-PC-1357 | February 20, 2019 Page 2 of 27 arrival here. He attended Jefferson High School in Lafayette until leaving sometime in the twelfth grade. His classes were taught in English, but at a slower pace. [4] Between 2004 and 2011, Hernandez had multiple encounters with the criminal justice system. In June 2005, he was convicted of operating a motor vehicle without ever having received a license. In July 2005, he was charged with Class B misdemeanor false informing, Class B misdemeanor public intoxication, and Class C misdemeanor minor consumption, and those charges were resolved by a diversion agreement. In August 2010, Hernandez pled guilty to Class A misdemeanor operating while intoxicated and Class C misdemeanor failure to ...
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