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State v. Solano

June 3, 2008

STATE OF NEW JERSEY, PLAINTIFF-RESPONDENT,
v.
GUAROA SOLANO, DEFENDANT-APPELLANT.



On appeal from the Superior Court of New Jersey, Law Division, Passaic County, Indictment No. 05-12-1472-A.

Per curiam.

NOT FOR PUBLICATION WITHOUT THE APPROVAL OF THE APPELLATE DIVISION

Submitted May 7, 2008

Before Judges Sapp-Peterson and Messano.

On December 8, 2005, defendant Guaroa Solano pled guilty to Passaic County Accusation 05-12-1472, charging him with third-degree possession of marijuana with intent to distribute within a school zone, N.J.S.A. 2C:35-7, and two counts of third-degree possession of a handgun without a requisite permit to carry same, N.J.S.A. 2C:39-5(b). On April 6, 2006, after denying defendant's impromptu motion to retract his guilty plea, the judge sentenced defendant in compliance with the plea agreement to concurrent three-year terms on each count, with an eighteen-month parole disqualifier on the school zone count, and imposed the required monetary penalties and license suspension. Defendant consented to the entry of an order forfeiting the two handguns and $3777.

On appeal, defendant raises the following point for our consideration:

POINT I

THE COURT ERRED IN DENYING DEFENDANT'S MOTION TO WITHDRAW HIS GUILTY PLEA BECAUSE IT WAS NOT MADE KNOWINGLY AND WITH AN UNDERSTANDING OF THE WAIVER OF HIS FOURTH AMENDMENT RIGHT TO SUPPRESS THE SEIZED EVIDENCE. IN ADDITION, DEFENSE COUNSEL'S FAILURE TO PURSUE THE RETRAXIT MOTION CONSTITUTED INEFFECTIVE ASSISTANCE OF COUNSEL.

In a pro se brief in support of the appeal, defendant also raises the following points:

POINT I

DEFENDANT[] WAS DENIED HIS [SIXTH] AMENDMENT RIGHT TO EFFECTIVE ASSISTANCE OF COUNSEL. THEREBY DENYING HIM HIS [FOURTH] AMENDMENT RIGHT TO UNLAWFUL ARREST, SEARCH AND SEIZURE, AND HIS [FOURTEENTH] AMENDMENT RIGHT TO DUE PROCESS.

POINT A

DEFENDANT[] WAS ILLEGALLY CONVICTED AND SENTENCED, BECAUSE THE AFFIDAVIT THAT WAS USED TO SEARCH HIS RESIDENCE WAS DEFECTIVE, THEREBY THE DEFENDANT[] HAS BEEN ...


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