On appeal from the Superior Court of New Jersey, Law Division, Union County, 02-01-0147-I.
NOT FOR PUBLICATION WITHOUT THE APPROVAL OF THE APPELLATE DIVISION
Submitted November 5, 2008
Before Judges Winkelstein and Gilroy.
Defendant, Luis Barrios a/k/a Hector Garcia, appeals from the Law Division's April 3, 2006 order denying his petition for post-conviction relief (PCR). On appeal, he raises the following legal arguments:
POINT I: THE COURT ERRED IN DENYING DEFENDANT-APPELLANT'S APPLICATION FOR POST-CONVICTION RELIEF; DEFENSE TRIAL COUNSEL WAS INEFFECTIVE AND DEFENDANT-APPELLANT WAS PREJUDICED THEREBY. IN THE ALTERNATIVE, THE COURT SHOULD HAVE GRANTED DEFENDANT-APPELLANT AN EVIDENTIARY HEARING ON THIS ISSUE.
A. The Defendant-Appellant Was Not Effectively Informed of a Penal Consequence of his Plea.
B. The Court Which Heard the PCR Motion Failed to Consider the Issue of Ineffective Assistance of Counsel.
C. The Defendant-Appellant Was Entitled to an Evidentiary Hearing.
POINT II: THE DEFENDANT-APPELLANT'S PLEA WAS NOT ENTERED KNOWINGLY; THEREFORE THE COURT ERRED IN DENYING DEFENDANT-APPELLANT'S APPLICATION FOR POST-CONVICTION RELIEF.
In October 2001, while driving a stolen motor vehicle in the City of Elizabeth, defendant attempted to elude a police officer after the officer signaled him to stop. Defendant eventually came to a stop after colliding with another vehicle.
After fleeing on foot, he was later apprehended.
Under a multi-count indictment, defendant was charged with second-degree eluding a police officer, N.J.S.A. 2C:29-2b (count one); third-degree receiving stolen property, N.J.S.A. 2C:20-7 (count two); third-degree burglary, N.J.S.A. 2C:18-2 (count three); third-degree theft, N.J.S.A. 2C:20-3 ...