NOT FOR PUBLICATION WITHOUT THE APPROVAL OF THE APPELLATE DIVISION This opinion shall not "constitute precedent or be binding upon any court ."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-5038-18T2 STATE OF NEW JERSEY, Plaintiff-Respondent, v. DANIEL V. HERNANDO, a/k/a DANNY HERNANDO TINK, Defendant-Appellant. ___________________________ Submitted January 12, 2021 – Decided February 1, 2021 Before Judges Mawla and Natali. On appeal from the Superior Court of New Jersey, Law Division, Hunterdon County, Indictment Nos. 10-12- 0452 and 11-05-0166. Joseph E. Krakora, Public Defender, attorney for appellant (Kathryn Sylvester, Deputy Public Defender, of counsel and on the brief). Michael J. Williams, Acting Hunterdon County Prosecutor, attorney for respondent (Jeffrey L. Weinstein, Special Deputy Attorney General/Acting Assistant Prosecutor, on the brief). PER CURIAM Defendant Daniel V. Hernando appeals from a May 31, 2019 Law Division order dismissing his petition for post-conviction relief (PCR) with prejudice. We reverse and remand for further proceedings. I. Defendant was born in Uruguay and became a United States permanent resident. On January 16, 2009, he pled guilty under Indictment No. 08-10-0407 to third-degree conspiracy to commit burglary and a petty disorderly persons offense, and was sentenced to a concurrent two-year probationary term. Defendant subsequently pled guilty to a violation of probation and was sentenced to an aggregate four-year prison term. On December 16, 2010, defendant was charged under Indictment No. 10- 12-0452 with two counts of third-degree possession of a controlled substance (CDS), one count of fourth-degree unlawful possession of a weapon, and one count of fourth-degree possession of a CDS with intent to distribute. On December 21, 2010, the Department of Homeland Security filed a notice for defendant to appear for removal proceedings. An Immigration and Customs Enforcement (ICE) detainer was also lodged against him. A-5038-18T2 2 On May 19, 2011, defendant was charged under Indictment No. 11-05- 0166 with three counts of third-degree forgery, one count of fourth-degree theft by deception, and one count of third-degree burglary. On June 16, 2011, defendant entered a negotiated plea under Indictment Nos. 452 1 and 166 to one count of third-degree possession of CDS, one count of fourth-degree possession with intent to distribute, and one count of third-degree forgery. In the accompanying plea form, defendant acknowledged in question number seventeen that: 1) he was not a citizen of the United States; 2) he "may be deported by virtue of [his] plea of guilty"; 3) "if [his] plea of guilty is to a crime considered an 'aggravated felony' under Federal law [he would] be subject to deportation/removal"; and 4) "[he had] the right to seek legal advice on [his] immigration status prior to entering a plea of guilty." Defendant also stated that he did not have any questions concerning the plea. On January 3, 2012, a judgment of conviction (JOC) was entered against defendant which sentenced him in ...
Original document
Source: All recent Immigration Decisions In All the U.S. Courts of Appeals