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STATE OF MINNESOTA IN COURT OF APPEALS A11-375 Thomas Robert Sames, petitioner, Appellant, vs. State of Minnesota, Respondent. Filed October 17, 2011 Affirmed Johnson, Chief Judge Scott County District Court File No. 70-CR-10-11960

Michael E. Davis, Assistant State Public Defender, Shakopee, Minnesota (for appellant) Lori Swanson, Attorney General, St. Paul, Minnesota; and Patrick J. Ciliberto, Scott County Attorney, Todd P. Zettler, Assistant County Attorney, Shakopee, Minnesota (for respondent)

Considered and decided by Kalitowski, Presiding Judge; Johnson, Chief Judge; and Stoneburner, Judge. SYLLABUS An attorney representing a criminal defendant does not provide constitutionally ineffective assistance of counsel by failing to inform the defendant that pleading guilty to a crime may cause the defendant to become ineligible to possess a firearm. The holding in Padilla v. Kentucky, 130 S. Ct. 1473 (2010), which concerns the risk of deportation

following a guilty plea, does not apply to the risk of becoming ineligible to possess a firearm. OPINION JOHNSON, Chief Judge Thomas Robert Sames pleaded guilty to misdemeanor domestic assault. After sentencing, he moved to withdraw his guilty plea on the ground that his attorney did not advise him that pleading guilty would make him ineligible to possess a firearm. The district court denied the motion. On appeal, Sames argues that the United States Supreme Court's decision in Padilla v. Kentucky, 130 S. Ct. 1473 (2010), which held that a defense attorney must advise his or her client of the risk of deportation following a guilty plea, should be extended to the risk of becoming ineligible to possess a firearm. We conclude that Padilla may not be extended in the manner urged by Sames and that an attorney does not provide constitutionally ineffective assistance of counsel by failing to advise a criminal defendant that he may become ineligible to possess a firearm if he pleads guilty to a crime. Therefore, we affirm. FACTS On May 16, 2010, Scott County deputy sheriffs were dispatched to Sames's residence to investigate a report that Sames and his wife were engaged in a physical altercation. After the deputies arrived at the residence, Sames admitted to the deputies that he had slapped his wife and kicked her in the buttocks. The deputies arrested Sames, performed a pat-down search of his person, and found a small plastic bag that contained marijuana. The state charged Sames with misdemeanor domestic assault, a violation of 2

Minn. Stat.

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