STATE OF NEW JERSEY VS. BOBSEUS WILLIAMS (90-10-4782, 90-12-2548, 90-12-2549 AND 91-02-0795, ESSEX COUNTY AND STATEWIDE) (CONSOLIDATED)


NOT FOR PUBLICATION WITHOUT THE APPROVAL OF THE APPELLATE DIVISION This opinion shall not "constitute precedent or be binding upon any court." Although it is posted on the internet, this opinion is binding only on the parties in the case and its use in other cases is limited. R. 1:36-3. SUPERIOR COURT OF NEW JERSEY APPELLATE DIVISION DOCKET NOS. A-0222-18T1 A-0226-18T4 STATE OF NEW JERSEY, Plaintiff-Respondent, v. BOBSEUS WILLIAMS, a/k/a DENNIS SIMPSON, Defendant-Appellant. Submitted November 12, 2019 – Decided December 12, 2019 Before Judges Geiger and Natali. On appeal from the Superior Court of New Jersey, Law Division, Essex County, Indictment Nos. 90-10-4782 and 91-02-0795 and Accusation Nos. 90-12-2548 and 90-12-2549. Joseph E. Krakora, Public Defender, attorney for appellant (Ruth E. Hunter, Designated Counsel, on the briefs). Theodore N. Stephens II, Acting Essex County Prosecutor, attorney for respondent (Lucille M. Rosano, Special Deputy Attorney General/Acting Assistant Prosecutor, of counsel and on the briefs). PER CURIAM Defendant Bobseus Williams, a non-citizen of the United States, appeals from June 13, 2018 and June 28, 2018 Law Division orders denying his petitions for post-conviction relief (PCR) without evidentiary hearings. We have calendared these two appeals back-to-back and affirm both orders. I. Defendant pled guilty on December 19, 1990 to one count of third-degree possession of a controlled dangerous substance (CDS), one count of third-degree burglary, and one count of third-degree resisting arrest. Approximately two months later, on February 15, 1991, defendant also pled guilty to one count of third-degree possession of CDS with intent to distribute on school property, charged in a separate indictment. That same day, the court sentenced defendant in accordance with the plea agreement to an aggregate four-year sentence (the 1991 convictions). Approximately ten years later, on February 9, 2001, defendant pled guilty to two counts of second-degree assault, and one count of third-degree possession of a weapon with an unlawful purpose. On March 16, 2001, the court sentenced defendant, again in accordance with his plea agreement, to a nine-year aggregate A-0222-18T1 2 custodial term with an eighty-five percent period of parole ineligibility, pursuant to the No Early Release Act, N.J.S.A. 2C:43-7.2 (the 2001 convictions). The sentencing court also ordered that the 2001 convictions run concurrent to a federal sentence defendant was then serving. Defendant did not file a direct appeal of his convictions or sentences. Instead, on June 7, 2017 and July 19, 2017, approximately twenty-six years after his 1991 convictions and sixteen years after his 2001 convictions, defendant filed two PCR petitions in which he primarily alleged his plea counsel was constitutionally deficient for failing to advise him of the immigration consequences of his pleas. Specifically, in his June 7, 2017 petition related to his 1991 convictions, defendant alleged that at "the time of [his] plea negotiation, [his] [a]ttorney failed to inform [him] or [advise] [him] about any [i]mmigration consequences that would affect [him]" and had he been correctly advised, he "would have spoken to an [i]mmigration attorney before [he] took [his] [p]lea." Further, in his supplemental certification ...

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