Searching over 5,500,000 cases.


searching
Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.

State v. Delgado

November 18, 2010

STATE OF NEW JERSEY, PLAINTIFF-RESPONDENT,
v.
FABRICIO DELGADO, DEFENDANT-APPELLANT.



On appeal from the Superior Court of New Jersey, Law Division, Warren County, Indictment No. 98-12-0442.

Per curiam.

NOT FOR PUBLICATION WITHOUT THE APPROVAL OF THE APPELLATE DIVISION

Submitted July 20, 2010

Before Judges Gilroy and Sapp-Peterson.

Defendant Fabricio Delgado, an Ecuadorian national, appeals from the December 30, 2008 order that denied his petition for post-conviction relief (PCR). We reverse and remand for further proceedings consistent with this opinion.

I.

On December 10, 1998, defendant was charged under a Warren County Accusation with third-degree possession of a controlled dangerous substance (CDS) (acetaminophen and codeine), N.J.S.A. 2C:35-10a(1). On January 20, 1999, defendant entered Warren County's pretrial intervention program (PTI). On February 3, 2000, defendant was terminated from the program and the charge was reactivated, defendant having failed to comply with the terms of PTI.

On May 4, 2000, with the assistance of a Spanish-speaking attorney and a Spanish interpreter, defendant entered into a negotiated plea agreement with the State and pled guilty to the charge. Although the interpreter provided assistance to defendant at the time the plea was accepted by the court, the interpreter did not assist defendant in completing and signing the plea form. In return for defendant's plea, the State recommended that the court sentence defendant to probation and time served. Additionally, the State agreed to recommend that the court expedite sentencing because defendant was then under an active detainer from the United States Immigration and Naturalization Service (INS). The plea form referenced the detainer in paragraph 13: "Expedited Sentencing. Defendant has INS detainer." The plea form also indicates that defendant answered "yes" to the question in paragraph 17 of the form, which then read: "Do you understand that if you are not a United States citizen or national, you may be deported by virtue of your plea of guilty?"

At the plea hearing, after reviewing the plea form, the following colloquy occurred among the court, defense counsel and defendant.

The Court: All right. [Defense counsel], did you discuss the consequences of this plea with your client?

[Defense Counsel]: Yes, I did.

The Court: And review the contents of the plea form?

[Defense Counsel]: Yes, I did.

The Court: Did he appear to understand it?

[Defense Counsel]: Yes, he did.

The Court: Did you use the interpreter for this process?

[Defense Counsel]: No, Judge.

The Court: You were able to communicate with him?

[Defense Counsel]: Yes. I understand Spanish and Spanish/English and English, as does my client.

The Court: Okay Mr. DelGado, the charge is possession of a controlled dangerous substance. Do you understand that charge?

Defendant: Yes.

The Court: Did you have enough time to talk to your ...


Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.