NOT FOR PUBLICATION WITHOUT THE APPROVAL OF THE APPELLATE DIVISION This opinion shall not "constitute precedent or be binding upon any court."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-4466-18T1 STATE OF NEW JERSEY, Plaintiff-Respondent, v. YURI FRANCISCO SOTO, Defendant-Appellant. ____________________________ Submitted October 19, 2020 – Decided December 17, 2020 Before Judges Hoffman and Suter. On appeal from the Superior Court of New Jersey, Law Division, Hudson County, Indictment No. 88-06-0937. Joseph E. Krakora, Public Defender, attorney for appellant (Steven M. Gilson, Designated Counsel, on the brief). Esther Suarez, Hudson County Prosecutor, attorney for respondent (Lillian Kayed, Assistant Prosecutor, on the brief). PER CURIAM Defendant Yuri Soto appeals from the March 27, 2019 Law Division order denying his petition for post-conviction relief (PCR) without an evidentiary hearing. We vacate the order under review and remand for an evidentiary hearing. I. On June 10, 1988, a Hudson County grand jury returned an indictment charging defendant with fourth-degree distribution of a controlled dangerous substance, less than one ounce of marijuana, N.J.S.A. 2C:35-5a(l) and 2C:35- 5b(12) (count one); fourth-degree possession with intent to distribute a controlled dangerous substance, less than twenty-five grams of marijuana, within 1000 feet of a school, N.J.S.A. 2C:35-5a(l) and 2C:35-7 (count two); third-degree aggravated assault on a police officer, N.J.S.A. 2C:12-lb(5) (count three); and fourth-degree resisting arrest, N.J.S.A. 2C:29-2 (count four). Defendant's plea counsel, Rolando Torres, negotiated a plea agreement whereby defendant would receive a three-year term of probation, conditioned upon him serving concurrent 180-day terms in the Hudson County Jail for two of the four charges, with the court dismissing the other two charges. Mr. Torres advised defendant to accept the agreement and assured him that if he "stayed out of trouble," he need not worry about deportation for this conviction. A-4466-18T1 2 On November 3, 1988, defendant pled guilty to counts two and four of the indictment. On March 2, 1989, the court sentenced defendant to a three-year term of probation, conditioned upon him serving concurrent 180-day jail terms, consistent with plea agreement. Defendant served his sentence and did not file an appeal. In 2011, defendant traveled to El Salvador, his birth country, upon learning of his father's death. Defendant had not been arrested since the 1988 incident. Upon his reentry to the United States, immigration authorities detained defendant and informed him that he could face deportation due to his 1989 criminal conviction. After sixty days in detention, the immigration authorities released defendant on bond. After his release, defendant obtained work authorization and worked steadily. He has three grown children and one grandchild, all United States citizens. In 2018, Gustavo Gutierrez, an attorney with the American Friends Service Committee (AFSC), advised defendant to petition for PCR. Accordingly, defendant filed a pro se petition for PCR on July 13, 2018. Defendant claimed his plea counsel was ineffective for ...
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