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State v. Barrios

November 25, 2008

STATE OF NEW JERSEY, PLAINTIFF-RESPONDENT,
v.
LUIS BARRIOS A/K/A HECTOR GARCIA, DEFENDANT-APPELLANT.



On appeal from the Superior Court of New Jersey, Law Division, Union County, 02-01-0147-I.

Per curiam.

NOT FOR PUBLICATION WITHOUT THE APPROVAL OF THE APPELLATE DIVISION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.

We affirm.

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 ...


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