NOT FOR PUBLICATION WITHOUT THE APPROVAL OF THE APPELLATE DIVISION This opinion shall not "constitute precedent or be binding upon any court."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-1714-18T1 STATE OF NEW JERSEY, Plaintiff-Respondent, v. JOCELYN LEZIN, Defendant-Appellant. ________________________ Submitted January 6, 2020 – Decided January 21, 2020 Before Judges Vernoia and Susswein. On appeal from the Superior Court of New Jersey, Law Division, Ocean County, Indictment No. 07-02-0319. Joseph E. Krakora, Public Defender, attorney for appellant (Karen A. Lodeserto, Designated Counsel, on the brief). Bradley D. Billhimer, Ocean County Prosecutor, attorney for respondent (Samuel J. Marzarella, Chief Appellate Attorney, of counsel; Shiraz I. Deen, Assistant Prosecutor, on the brief). PER CURIAM Defendant Jocelyn Lezin appeals from an order denying his first post- conviction relief (PCR) petition without an evidentiary hearing. Because we agree with the Law Division judge that the petition is time-barred, and otherwise conclude defendant failed to establish a prima facie ineffective assistance of counsel claim, we affirm. I. In December 2007, defendant pleaded guilty to third-degree distribution of heroin, N.J.S.A. 2C:35-5(a)(1) and N.J.S.A. 2C:35-5(b)(13), pursuant to a plea agreement with the State. In exchange for defendant's plea, the State agreed to recommend dismissal of two other third-degree drug offenses and the imposition of a probationary sentence conditioned on a 364-day jail sentence. The State further agreed not to seek an extended term of imprisonment or a period of parole ineligibility. In response to "Question No. 17" on his plea form, which asked, "[d]o you understand that if you are not a United States citizen or national, you may be deported by virtue of your plea of guilty?," defendant indicated "YES." On February 15, 2008, the court sentenced defendant in accordance with the plea agreement. Defendant did not file a direct appeal. Defendant's presentence investigation report reflected that he had five prior municipal court A-1714-18T1 2 convictions and a 2007 indictable conviction for third-degree possession of heroin, N.J.S.A. 2C:35-10(a)(1), for which he received a probationary sentence. On November 28, 2016, more than eight years after his guilty plea and sentencing, defendant filed a PCR petition lacking any factual support for his request for relief. Following assignment of counsel, defendant filed a certification asserting he agreed to the 2007 plea agreement but did not know at the time his conviction "would later result in deportation proceedings against" him. He claimed his plea counsel "did not explain the deportation consequences of taking the plea deal" or "discuss the implications of entering into a guilty plea . . . especially considering [he is] not a citizen of the United States." Defendant further asserted the court did not inquire about his "legal status in the country," "talk about deportation consequences," or advise him of his right to seek PCR. He claimed that "[b]ut for [his] attorney's advice, [he] would not ...
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