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State v. Tirado

January 11, 2010

STATE OF NEW JERSEY, PLAINTIFF-RESPONDENT,
v.
ELINA P. TIRADO, DEFENDANT-APPELLANT.



On appeal from Superior Court of New Jersey, Law Division, Essex County, Municipal Appeal No. 2007-072.

Per curiam.

NOT FOR PUBLICATION WITHOUT THE APPROVAL OF THE APPELLATE DIVISION

Submitted October 28, 2009

Before Judges Graves and Lyons.

Defendant Elina Tirado appeals from an order dated May 21, 2008, denying her petition for post-conviction relief (PCR). We affirm.

On April 5, 2001, defendant pled guilty in Fairfield Municipal Court to 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. During the plea hearing, defendant acknowledged that she drove a motor vehicle in the Township of Fairfield on November 14, 2000, after ingesting alcohol and that her breath test reading was .17. In addition, when questioned by the court, defendant testified as follows:

Q: Now, have you discussed this matter fully with your attorney?

A: Yes.

Q: Are you satisfied with his representation in all respects?

A: Yes --

Q: Has he answered all your questions to your satisfaction?

A: Yes.

Q: . . . [O]ther than what's been put forth on the record, have any promises been made or has anyone forced ...


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