STATE OF NEW JERSEY v. DOMINIC J. ALEXANDER (05-05-0650, 09-02-0206 AND 11-05-0454, PASSAIC COUNTY AND STATEWIDE)


NOT FOR PUBLICATION WITHOUT THE APPROVAL OF THE APPELLATE DIVISION This opinion shall not "constitute precedent or be binding upon any court ."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-2058-20 STATE OF NEW JERSEY, Plaintiff-Respondent, v. DOMINIC J. ALEXANDER, a/k/a DOMINIC ALEXANDER, J. DOMINIC CARTER ALEXANDER, and SCOTT JAVEL, Defendant-Appellant. ________________________________ Submitted September 28, 2022 – Decided October 14, 2022 Before Judges Currier and Mayer. On appeal from the Superior Court of New Jersey, Law Division, Passaic County, Indictment Nos. 05-05-0650, 09-02-0206, and 11-05-0454. Joseph E. Krakora, Public Defender, attorney for appellant (Lee March Grayson, Designated Counsel, on the brief). Camelia M. Valdes, Passaic County Prosecutor, attorney for respondent (Leandra L. Cilindrello, Assistant Prosecutor, of counsel and on the brief). PER CURIAM Defendant Dominic J. Alexander appeals from a June 16, 2020 order denying his petition for post-conviction relief (PCR) without an evidentiary hearing. We affirm. Defendant filed a PCR petition regarding three separate criminal indictments. We summarize the facts underlying each indictment that are relevant to our review of defendant's PCR application. On May 17, 2005, defendant was charged in Indictment No. 05-05-0650 with four counts of drug-related charges. On January 10, 2006, defendant pleaded guilty to a single count of third-degree distribution of a controlled dangerous substance within 1000 feet of a school zone, N.J.S.A. 2C:35-7 and N.J.S.A. 2C:35-5(a). At the plea hearing, defendant acknowledged reviewing the plea form with his attorney and understanding the proceeding. The plea hearing judge extensively questioned defendant regarding the plea. The judge explained that by entering a guilty plea, defendant "may be forced to go back to Jamaica" and "may be deported." Defendant stated he understood the deportation consequences of pleading guilty and wanted to proceed with his guilty plea. In reviewing the plea form, the judge noted defendant responded "yes" to question A-2058-20 2 17, stating he understood "that if [he is] not a United States citizen [he] may be deported." The judge twice confirmed defendant understood the potential deportation consequences during the plea colloquy. Based on defendant's responses, the judge was satisfied defendant understood his rights and the plea offer. The judge further determined defendant's guilty plea was voluntary and defendant provided an adequate factual basis for his plea. The State recommended a sentence of probation with 364 days in the Passaic County Jail. In accordance with the negotiated plea agreement, the judge sentenced defendant to probation. On September 7, 2006, defendant appeared before the same judge on a violation of his probation. Defendant pleaded guilty to that charge and the judge continued the probationary sentence. On May 25, 2007, defendant again appeared before the same judge on another violation of probation. Defendant pleaded guilty to the second violation of probation and the judge continued the probationary sentence. On December 16, 2008, defendant appeared yet again before the same …

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