NOT FOR PUBLICATION WITHOUT THE APPROVAL OF THE APPELLATE DIVISION This opinion shall not "constitute precedent or be binding upon any court."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-2766-19 STATE OF NEW JERSEY, Plaintiff-Respondent, v. CHEVAUGHN D. FAGAN, a/k/a/ CHEVAUGHN FAGAN, Defendant-Appellant. __________________________ Submitted January 18, 2022 – Decided February 1, 2022 Before Judges Rose and Enright. On appeal from the Superior Court of New Jersey, Law Division, Mercer County, Indictment Nos. 13-07-0920, 16-07-0639 and 16-11-0872. Joseph E. Krakora, Public Defender, attorney for appellant (Al Glimis, Designated Counsel, on the briefs). Angelo J. Onofri, Mercer County Prosecutor, attorney for respondent (Randolph E. Mershon, III, Assistant Prosecutor, of counsel and on the brief). PER CURIAM Defendant Chevaughn D. Fagan, a non-citizen of the United States, appeals from a January 28, 2020 order denying his petition for post-conviction relief (PCR) without an evidentiary hearing. We affirm. Between July and November 2016, defendant was charged with various assault and weapons offenses in multiple counts of two separate Mercer County indictments. On December 9, 2016, pursuant to a negotiated plea agreement, defendant pled guilty to second-degree possession of a weapon for an unlawful purpose on Indictment No. 16-11-0872, and second-degree unlawful possession of a weapon on Indictment No. 16-07-0639. Defendant also pled guilty to violating a July 23, 2015 probationary sentence on a fourth-degree weapons offense charged in Indictment No. 13-07-0920. The State recommended an aggregate prison term of five years with a parole disqualifier of forty-two months, and agreed to dismiss the remaining counts of Indictment Nos. 16-11- 0872 and 16-07-0639. Represented by assigned counsel at the plea proceeding, defendant testified he read the plea form, counsel reviewed the plea form with him, he initialed each of the five pages, and he signed the last page and the supplemental plea form. Defendant further stated he was satisfied with his attorney's services, and was not forced or pressured to sign the plea forms. 2 A-2766-19 Relevant here, defendant acknowledged he is not a United States citizen, and that his guilty plea "to one or all of these offenses could lead to changing [his] immigration status; it could lead to deportation." When the court inquired whether defendant had an opportunity to consult with an immigration attorney, the following exchanged ensued: DEFENDANT: I talked to Ms. . . . THE COURT: Ms. [Plea Counsel]? Okay. PLEA COUNSEL: Your Honor, Mr. Fagan has had the opportunity but didn't have the funds to do so. We talked about what my office suggests would happen. I think they're very much so . . . our immigration counsel (indiscernible) . . . believe [sic] that would lead to deportation and we did go over that. THE COURT: [Addressing defendant] You've been advised about that — that it's likely that you would be deported based on these guilty pleas? DEFENDANT: …
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