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State v. Techeira

SUPERIOR COURT OF NEW JERSEY APPELLATE DIVISION


May 26, 2009

STATE OF NEW JERSEY, PLAINTIFF-RESPONDENT,
v.
DAMON D. TECHEIRA, DEFENDANT-APPELLANT.

On appeal from Superior Court of New Jersey, Law Division, Camden County, Municipal Appeal No. 13-2008.

Per curiam.

NOT FOR PUBLICATION WITHOUT THE APPROVAL OF THE APPELLATE DIVISION

Submitted May 5, 2009

Before Judges Skillman and Graves.

On July 17, 2003, defendant pled guilty to a charge of driving while under the influence of alcohol (DWI), in violation of N.J.S.A. 39:4-50. This was defendant's second conviction for DWI. On January 7, 2008, after defendant was convicted of a third DWI charge and was awaiting sentencing on that offense, he filed a motion to set aside his 2003 conviction on the ground that his guilty plea had been involuntary. The Cherry Hill Township municipal court judge denied defendant's motion. Defendant appealed this denial to the Law Division, which affirmed the order of the municipal court by letter opinion and order entered on June 20, 2008.

On his appeal to this court, defendant presents the following arguments:

I. PURSUANT TO R. 7:6-2 THE COURT PRIOR TO ACCEPTING A GUILTY PLEA MUST DETERMINE THAT THE PLEA IS BEING MADE VOLUNTARILY.

II. MUNICIPAL COURT IS REQUIRED TO ADVISE THE DEFENDANT OF HIS RIGHT TO APPEAL.

We reject these arguments and affirm the denial of defendant's motion to withdraw his 2003 guilty plea substantially for the reasons set forth in Judge McNeill's letter opinion. Defendant's arguments do not warrant any additional discussion. R. 2:11-3(e)(2). We only note that the Supreme Court's recent opinion in State v. Slater, 198 N.J. 145 (2009), provides additional support for the denial of defendant's motion.

Affirmed.

20090526

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