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State of New Jersey v. Luis Solar

January 20, 2011

STATE OF NEW JERSEY, PLAINTIFF-RESPONDENT,
v.
LUIS SOLAR, DEFENDANT-APPELLANT.



On appeal from Superior Court of New Jersey, Law Division, Camden County, Indictment No. 02-08-2755.

Per curiam.

NOT FOR PUBLICATION WITHOUT THE APPROVAL OF THE APPELLATE DIVISION

Submitted October 26, 2010

Before Judges Carchman and Graves.

Defendant Luis Solar appeals from the denial of his petition for post-conviction relief (PCR). He is serving a fifteen-year prison term for aggravated manslaughter with a mandatory period of parole ineligibility under the No Early Release Act (NERA), N.J.S.A. 2C:43-7.2. We affirm.

Pursuant to a plea agreement, defendant pled guilty to an amended charge of aggravated manslaughter on January 9, 2004. Defense counsel explained that defendant was entering his plea because a key eyewitness, who had given a favorable statement to the defense, had recanted and given a new statement implicating defendant.

After defendant was sworn, he confirmed he reviewed everything with his attorney and was satisfied with his attorney's services. Defendant also testified as follows:

[DEFENSE COUNSEL]: . . . Luis, on September 24th, 2001, were you in the City of Camden?

THE DEFENDANT: Yes.

[DEFENSE COUNSEL]: And that's . . . in the County of Camden, correct?

THE DEFENDANT: Yeah.

[DEFENSE COUNSEL]: And were you outside the Happy Dragon Restaurant on 28th and Mickle, by Cramer School?

THE DEFENDANT: Yes.

[DEFENSE COUNSEL]: At that point in time, did a gentleman that you now know as Andres Comacho . . . arrive at the scene in a truck?

THE DEFENDANT: Yeah.

[DEFENSE COUNSEL]: And at some point on that evening of September 24th, 2001, did you cause to discharge a ...


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