NOT FOR PUBLICATION WITHOUT THE APPROVAL OF THE APPELLATE DIVISION This opinion shall not "constitute precedent or be binding upon any court."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 NO. A-4442-17T4 STATE OF NEW JERSEY, Plaintiff-Respondent, v. CLIVE A. ROSE, Defendant-Appellant. __________________________ Submitted October 15, 2019 – Decided December 16, 2019 Before Judges Moynihan and Mitterhoff. On appeal from the Superior Court of New Jersey, Law Division, Middlesex County, Indictment No. 13-06- 0765. Joseph E. Krakora, Public Defender, attorney for appellant (Joseph Anthony Manzo, Designated Counsel, on the brief). Christopher L.C. Kuberiet, Acting Middlesex County Prosecutor, attorney for respondent (David M. Liston, Special Deputy Attorney General/Acting Assistant Prosecutor, of counsel and on the brief). PER CURIAM Defendant Clive A. Rose appeals from an April 30, 2018 order denying his petition for post-conviction relief (PCR) without an evidentiary hearing. We affirm. We glean the following facts from the record. On March 22, 2013, defendant was arrested by police for possession of cocaine with intent to distribute in a quantity of less than one-half ounce. On June 4, 2013, a Middlesex County grand jury indicted defendant for third-degree possession of a dangerous substance (CDS), N.J.S.A. 2C:35-10a(1) (count one); third-degree distribution of a CDS, N.J.S.A. 2C:35-5a(1) and 2C:35-5b(3) (count two); third- degree possession with intent to distribute a CDS, N.J.S.A. 2C:35-5a(1) and 2C:35-5b(3) (count three); and possession of paraphernalia with intent to distribute, N.J.S.A. 2C:36-3 (count four). On December 9, 2013, defendant executed a written plea agreement in which he agreed to plead guilty to count two of the indictment, third-degree distribution. In exchange, the State agreed to recommend that defendant be sentenced to a four-year term of imprisonment with a two-year period of parole ineligibility, and that all remaining counts of the indictment be dismissed. That same day, defendant pled guilty. Consistent with the terms of the plea agreement, the court sentenced defendant to a four-year term of imprisonment 2 A-4442-17T4 with a two-year period of parole ineligibility. By order dated February 10, 2015, we affirmed defendant's sentence. On October 31, 2017, defendant filed a petition for PCR based on ineffective assistance of counsel. 1 Defendant alleged that there was an inadequate factual basis for the plea adduced at the hearing; and that trial counsel failed to conduct an adequate investigation, failed to argue certain mitigating factors, and never advised him that he was pleading guilty to an offense that would require his mandatory deportation. In connection with his claim that he was not advised of the immigration consequences of his plea, defendant certified that he communicated to his defense attorney that he "was not a United States citizen, [and] that [he] was a permanent resident and citizen of England." Defendant certified that he was provided no notice of the collateral consequence of his plea until he was already sentenced and incarcerated, and ...
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