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State v. Aguilar

October 19, 2010

STATE OF NEW JERSEY, PLAINTIFF-RESPONDENT,
v.
MARIBEL AGUILAR, DEFENDANT-APPELLANT.



On appeal from Superior Court of New Jersey, Law Division, Essex County, Indictment No. 05-03-00468.

Per curiam.

NOT FOR PUBLICATION WITHOUT THE APPROVAL OF THE APPELLATE DIVISION

Submitted October 5, 2010

Before Judges Skillman and Espinosa.

Defendant appeals from the denial of her motion to withdraw her guilty plea. We affirm.

Defendant pled guilty pursuant to a negotiated plea agreement to third-degree theft from a person, N.J.S.A. 2C:20-3.

At the time that she entered her guilty plea, the court asked defendant directly, "You understand you may be deported by virtue of your guilty plea?" She responded, "Yes." She provided a factual basis for the guilty plea, acknowledging that she had devised a plan with her co-defendants to deceive the victim for the purpose of obtaining money from him and that she did in fact get money from him. Defendant was sentenced on August 8, 2005, to three years probation, time served (four days), and restitution. She did not file a motion to withdraw her guilty plea until February 2009, after she had completed her probationary term.

Following the denial of her motion, defendant filed this appeal, in which she raises the following issues:

POINT I

THE TRIAL COURT'S DECISION SHOULD BE OVERTURNED BECAUSE THE TRIAL COURT ERRED IN ITS EVALUATION OF APPELLANT'S COLORABLE CLAIM OF INNOCENCE.

POINT II

THE TRIAL COURT'S DECISION SHOULD BE OVERTURNED BECAUSE THE TRIAL COURT ERRED IN ITS EVALUATION OF APPELLANT'S CLAIM OF INEFFECTIVE ASSISTANCE OF COUNSEL.

POINT III

THE TRIAL COURT'S DECISION SHOULD BE OVERTURNED BECAUSE THE TRIAL COURT ERRED IN THE AMOUNT OF WEIGHT IT AFFORDED TO ...


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