STATE OF NEW JERSEY VS. CHRISTIAN SOLORZANO (07-02-0406, ATLANTIC COUNTY AND STATEWIDE) (RECORD IMPOUNDED)


RECORD IMPOUNDED NOT FOR PUBLICATION WITHOUT THE APPROVAL OF THE APPELLATE DIVISION This opinion shall not "constitute precedent or be binding upon any court ."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-4322-18T1 STATE OF NEW JERSEY, Plaintiff-Respondent, v. CHRISTIAN SOLORZANO, Defendant-Appellant. __________________________ Submitted April 21, 2020 – Decided June 12, 2020 Before Judges Yannotti and Currier. On appeal from the Superior Court of New Jersey, Law Division, Atlantic County, Indictment No. 07-02-0406. Edward Crisonino, attorney for appellant. Damon G. Tyner, Atlantic County Prosecutor, attorney for respondent (Nicole Lynn Campellone, Assistant Prosecutor, on the brief). PER CURIAM Defendant Christian Solorzano appeals from the May 9, 2019 denial of his petition for post-conviction relief (PCR) without an evidentiary hearing. Defendant argues the PCR court erred by finding the petition was untimely under Rule 3:22-12 and that he was not entitled to an evidentiary hearing. We affirm. Defendant was born in Peru and came to the United States with his parents when he was fifteen years old. He attended high school and completed some college courses in the United States. At the time of oral argument on defendant's petition, he was married, employed, and had two children who were United States citizens. In April 2007, an Atlantic County grand jury indicted defendant with four counts of third-degree invasion of privacy in violation of N.J.S.A. 2C:14-9(b); four counts of fourth-degree endangering the welfare of a child in violation of N.J.S.A. 2C:24-4(b); and third-degree attempt in violation of N.J.S.A. 2C:5-1 and N.J.S.A. 2C:14-9. The charges arose from incidents that took place in March and November 2006. At the time, defendant was living with his girlfriend and her thirteen-year-old daughter. On those dates, he hid a camera in the girl's bathroom so he could observe her undressed. On December 3, 2007, defendant pled guilty to two counts of third-degree invasion of privacy and two amended charges of fourth-degree abuse of a child in violation of N.J.S.A. 9:6-3. At the time of the plea hearing, defendant was thirty-two years old. He used the services of a translator during the hearing. A-4322-18T1 2 While under oath, represented by counsel, defendant acknowledged he understood his rights, was pleading guilty voluntarily and without any threats, coercion or pressure, and had truthfully answered all of the questions on the plea form. Question seventeen asked whether defendant understood that by pleading guilty, he "may be deported by virtue of [his] plea of guilty" if "[he was] not a United States citizen or national . . . ." Defendant circled "yes." Defendant was sentenced in March 2008 to five years of probation, conditioned on serving 270 days in jail, which could be served by day reporting. He did not appeal and successfully completed probation. Ten years later, in June 2018, defendant was arrested by the United States Immigration and Customs Enforcement (ICE) ...

Original document
Source: All recent Immigration Decisions In All the U.S. Courts of Appeals