NOT FOR PUBLICATION WITHOUT THE APPROVAL OF THE APPELLATE DIVISION This opinion shall not "constitute precedent or be binding upon any court ."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-2517-18T4 STATE OF NEW JERSEY, Plaintiff-Respondent, v. SAMANTHA CRUZ, a/k/a ANGELA CRUZ, Defendant-Appellant. _________________________ Submitted May 4, 2020 – Decided June 4, 2020 Before Judges Sabatino and Sumners. On appeal from the Superior Court of New Jersey, Law Division, Passaic County, Indictment No. 15-02-0065 and Accusation No. 10-06-0573. Joseph E. Krakora, Public Defender, attorney for appellant (Michele A. Adubato, Designated Counsel, on the brief). Camelia M. Valdes, Passaic County Prosecutor, attorney for respondent (Ali Y. Ozbek, Assistant Prosecutor, of counsel and on the brief). PER CURIAM Defendant Samantha Cruz, a non-United States citizen, appeals the Law Division order denying her petition for post-conviction relief (PCR) following an evidentiary hearing. On appeal, defendant argues: POINT I SINCE THE DEFENDANT ESTABLISHED THE TWO PRONGS OF STRICKLAND V. [1] WASHINGTON FOR INEFFECTIVE ASSISTANCE OF COUNSEL IT WAS ERROR FOR THE COURT TO DENY [DEFENDANT'S] PETITION FOR POST[-]CONVICTION RELIEF. POINT II IT WAS ERROR FOR THE PCR COURT TO DENY DEFENDANT'S MOTION TO VACATE HER GUILTY PLEA. We disagree with the PCR judge by concluding trial counsel provided ineffective assistance for failing to notice defendant's pre-sentence report provided she was a Mexican national, which was contrary to her assertions in her plea form and plea colloquy that she was a United States citizen. We affirm, however, as there was no prejudice to defendant because counsel would not have succeeded in withdrawing her guilty pleas principally for the reasons determined by the judge when he denied her PCR request to vacate them. 1 466 U.S. 668 (1984). A-2517-18T4 2 I Defendant pled guilty to an accusation charging her with aggravated assault with a deadly weapon, N.J.S.A. 2C:12-1(b)(3), and to an indictment charging her with intent to distribute a controlled dangerous substance (CDS) within 1000 feet of a school, N.J.S.A. 2C:35-7 and 2C:35-5(a). During the plea colloquy, the judge, who was also the sentencing and PCR judge, asked defendant, "[y]ou're a United States citizen?" to which she replied, ''[y]es." The response was consistent with her plea form, where she indicated "[y]es" to the question inquiring whether she was a citizen of the United States. Defendant also responded "[y]es" when the judge asked her whether she "had enough time to discuss this matter, not just the plea forms, but the case in [total] with [her counsel], is that correct?" At defendant's sentencing about two months later, the judge adhered to defendant's plea agreement by dismissing the other pending charges against her and sentenced her to two five-year concurrent terms of probation and a time served 364-days county jail term. Defendant did not appeal her convictions or sentences. About a month after sentencing, defendant was charged with violation ...
Original document
Source: All recent Immigration Decisions In All the U.S. Courts of Appeals