NOT FOR PUBLICATION WITHOUT THE APPROVAL OF THE APPELLATE DIVISION This opinion shall not "constitute precedent or be binding upon any court ."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-4548-19 STATE OF NEW JERSEY, Plaintiff-Respondent, v. JUAN RIVERA, a/k/a LUIS CEPIN, Defendant-Appellant. ________________________ Submitted December 15, 2021 – Decided January 6, 2022 Before Judges Gooden Brown and Gummer. On appeal from the Superior Court of New Jersey, Law Division, Atlantic County, Indictment No. 93-08-2181. Joseph E. Krakora, Public Defender, attorney for appellant (John J. Bannan, Designated Counsel, on the brief). Cary Shill, Acting Atlantic County Prosecutor, attorney for respondent (Debra B. Albuquerque, Special Deputy Attorney General/Acting Assistant Prosecutor, of counsel and on the brief). PER CURIAM Defendant, who is not a United States citizen, pled guilty to a criminal offense in 1993 and now appeals from the January 30, 2020 Law Division order denying his first petition for post-conviction relief (PCR) without an evidentiary hearing. On appeal, defendant raises the following points for our consideration: POINT I BECAUSE [DEFENDANT] RECEIVED INEFFECTIVE ASSISTANCE OF COUNSEL, THE PCR COURT ERRED IN DENYING [DEFENDANT'S] PETITION FOR PCR. (A) Legal Standards Governing Applications For [PCR]. (B) Defense Counsel Was Ineffective, For Among Other Reasons, Failing To Request An Interpreter And Failing To Advise [Defendant] That Pleading Guilty May Result In Denial Of His Application For United States Citizenship. POINT II BECAUSE DEFENDANT DID NOT MAKE A KNOWING, INTELLIGENT, AND VOLUNTARY PLEA, THE PCR COURT ERRED IN DENYING DEFENDANT'S PETITION FOR PCR. (A) Legal Standards Governing Applications For [PCR]. (B) Defendant Did Not Make A Knowing, Intelligent, And Voluntary Guilty Plea. A-4548-19 2 POINT III IN THE ALTERNATIVE, BECAUSE THERE ARE GENUINE ISSUES OF MATERIAL FACT IN DISPUTE, THE PCR COURT ERRED IN DENYING AN EVIDENTIARY HEARING. (A) Legal Standards Governing [PCR] Evidentiary Hearings. (B) In The Alternative, [Defendant] Is Entitled To An Evidentiary Hearing. We affirm. We glean these facts from the record. On August 31, 1993, defendant was charged in an Atlantic County indictment with third-degree possession of a controlled dangerous substance (CDS), N.J.S.A. 2C:35-10(a)(1) (count one); and third-degree possession of CDS with intent to distribute, N.J.S.A. 2C:35- 5(a)(1) and 2C:35-5(b)(3) (count two). The charges stemmed from the execution of a search warrant at an apartment where police seized four glassine bags of heroin and an electronic calculator. Police also seized $1,052 in cash from defendant's wallet. Defendant was the only person present in the apartment at the time of the search. On October 4, 1993, defendant entered a negotiated guilty plea to count two. Question seventeen of the plea form defendant signed at the plea hearing asked, "Do you understand that if you are not a United States citizen or national, A-4548-19 3 you may be deported by virtue of your plea of guilty?" In response, defendant circled "N/A" or not …
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Source: All recent Immigration Decisions In All the U.S. Courts of Appeals