NOT FOR PUBLICATION WITHOUT THE APPROVAL OF THE APPELLATE DIVISION This opinion shall not "constitute precedent or be binding upon any court."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-3811-18T1 STATE OF NEW JERSEY, Plaintiff-Respondent, v. COLBY DESSOURCES, Defendant-Appellant. _________________________ Submitted November 18, 2020 – Decided January 6, 2021 Before Judges Accurso and Enright. On appeal from the Superior Court of New Jersey, Law Division, Essex County, Indictment No. 17-12-3564. Joseph E. Krakora, Public Defender, attorney for appellant (Michele E. Friedman, Assistant Deputy Public Defender, of counsel and on the brief). Theodore N. Stephens II, Acting Essex County Prosecutor, attorney for respondent (Barbara A. Rosenkrans, Special Deputy Attorney General/Acting Assistant Prosecutor, of counsel and on the brief). PER CURIAM Defendant Colby Dessources appeals from the denial of his motion to withdraw his guilty plea. We affirm, substantially for the reasons set forth in Judge Ronald D. Wigler's cogent oral and written decisions on January 18, and March 4, 2019, respectively. On the morning of October 21, 2017, defendant crossed a double-yellow line while driving on Frelinghuysen Avenue in Newark. He collided head-on with another vehicle, killing the driver. Defendant's blood alcohol level was above the legal limit, and the record reflects he was driving over ninety miles per hour immediately before the fatal crash. Defendant was indicted on charges of second-degree death by auto, N.J.S.A. 2C:11-5(a) (count one); first-degree aggravated manslaughter, N.J.S.A. 2C:11-4(a)(l) (count two); and third-degree driving with a suspended or inoperable license while being involved in a motor vehicle accident, resulting in the death of another person, N.J.S.A. 2C:40-22 (count three). On July 12, 2018, defendant agreed to plead guilty to count two of the indictment, in exchange for the State recommending he serve a ten-year prison term, subject to the No Early Release Act (NERA), N.J.S.A. 2C:43-7.2, and the dismissal of his remaining charges. When defendant filled out the requisite plea form with the benefit of counsel, he answered the citizenship question, i.e., A-3811-18T1 2 Question 17a., by circling "yes," thus conveying he was a United States citizen. Based on this answer, he was not prompted to answer Questions 17b. through f., involving possible immigration consequences attendant to his plea. During the plea hearing, Judge Wigler extensively questioned defendant about his plea form answers. The judge specifically asked defendant, while he was under oath, if he was "a U.S. citizen." Defendant answered, "Yes." On defendant's scheduled sentencing date of October 4, 2018, his attorney announced that once she reviewed defendant's presentence report, she realized defendant was born in Haiti and was not a United States citizen. She further advised Judge Wigler that defendant "was under the impression he was a U.S. citizen." Accordingly, defense counsel asked for sentencing to be postponed, acknowledging that if sentencing proceeded, defendant "would likely be subject to removal proceedings following his sentence." ...
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