NOT FOR PUBLICATION WITHOUT THE APPROVAL OF THE APPELLATE DIVISION This opinion shall not "constitute precedent or be binding upon any court ."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-3626-19 STATE OF NEW JERSEY, Plaintiff-Respondent, v. JESUS H. SANCHEZ- MONSALVE, Defendant-Appellant. ________________________ Argued March 21, 2022 – Decided April 4 , 2022 Before Judges Messano and Rose. On appeal from the Superior Court of New Jersey, Law Division, Mercer County, Accusation No. 10-12-0825. Michael Noriega argued the cause for appellant (Bramnick, Rodriguez, Grabas, Arnold & Mangan, LLC, attorneys; Michael Noriega and Cristina Carreno, of counsel and on the brief). Adam D. Klein, Deputy Attorney General, argued the cause for respondent (Matthew J. Platkin, Acting Attorney General, attorney; Adam D. Klein, of counsel and on the brief). PER CURIAM Defendant Jesus H. Sanchez-Monsalve appeals from an April 24, 2020 Law Division order, denying his post-sentencing motion to vacate his guilty plea. Based on our de novo review of the plea colloquy, State v. Tate, 220 N.J. 393, 403-04 (2015), in view of the applicable legal standards, we conclude the factual basis for the guilty plea was sufficient. We therefore affirm. The facts underlying defendant's conviction are straightforward and undisputed. Sometime between February 25, 2006 and November 28, 2006, defendant applied for a driver's license with the Motor Vehicle Commission (MVC). As a non-citizen residing in the United States illegally, defendant was unable to obtain a license in his own name and, as such, he utilized another person's identifying information. In September 2010, defendant was charged in a complaint-warrant with second-degree use of personal identifying information of another, N.J.S.A. 2C:21-17.2(a); third-degree forgery, N.J.S.A. 2C:21- 1(a)(2); and third-degree tampering with public records, N.J.S.A. 2C:28-7(a)(2). By the time of his plea hearing, defendant had become a lawful permanent resident. In December 2010, defendant waived his rights to indictment and trial by A-3626-19 2 jury, and pled guilty to a Mercer County accusation charging him with third- degree tampering with public records. During defendant's plea allocution, his attorney elicited the following factual basis, in pertinent part: DEFENSE COUNSEL: [W]ere you, between the dates of February 25, 2006 and November 28[], 2006, present here in the City of Trenton, County of Mercer? DEFENDANT: Yes, sir. DEFENSE COUNSEL: And at that time did you enter the building known as the [MVC] here in Trenton? DEFENDANT: Yes, sir. DEFENSE COUNSEL: And at that time did you fill out an application for a New Jersey driver's license? DEFENDANT: Yes, sir. DEFENSE COUNSEL: And did that application contain the date of birth, social security number, and other identification information of the purported applicant, a V.M.A.? DEFENDANT: Yes. DEFENSE COUNSEL: Okay. And you presented that information to the [MVC] knowing that you were not V.M.A.; is that correct? DEFENDANT: Yes. DEFENSE COUNSEL: And you know you're not allowed to do …
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Source: All recent Immigration Decisions In All the U.S. Courts of Appeals