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State of New Jersey v. Yazuaki R. Tejada

April 28, 2011

STATE OF NEW JERSEY, PLAINTIFF-RESPONDENT,
v.
YAZUAKI R. TEJADA, DEFENDANT-APPELLANT.



On appeal from Superior Court of New Jersey, Law Division, Middlesex County, Indictment No. 03-01-0025.

Per curiam.

NOT FOR PUBLICATION WITHOUT THE APPROVAL OF THE APPELLATE DIVISION

Argued March 22, 2011

Before Judges Messano and St. John.

Defendant Yazuaki R. Tejada appeals from a trial court order denying his petition for post-conviction relief (PCR).

After reviewing the record in light of the contentions advanced on appeal, we affirm.

On October 18, 2002, defendant went to the Division of Motor Vehicles (DMV) (now the Motor Vehicle Commission) in Edison, New Jersey to obtain a driver's license. He presented two documents to the DMV - a social security card and a resident alien card - purportedly issued by the United States Government. Defendant acknowledged that the cards presented to the DMV were not issued by the government, but were purchased by defendant "on the street." All of the identifiers on the cards were defendant's correct identifiers.

On March 6, 2006, defendant pleaded guilty to a violation of N.J.S.A. 2C:21-2.1c. On the date of the offense, the statute stated:

A person who knowingly exhibits, displays or utters a document or other writing which falsely purports to be a driver's license or other document issued by a governmental agency and which could be used as a means of verifying a person's identity or age is guilty of a crime of the fourth degree.*fn1

On May 12, 2006, defendant was sentenced to a three-year probationary term, and appropriate fines and penalties were imposed. Defendant did not appeal his conviction and sentence. Defendant filed a PCR petition, which was heard by Judge Bradley J. Ferencz and denied.

Defendant raises two points in his appeal.

POINT ONE

The Defendant Was Not Guilty of N.J.S.A. 2C:21-2.1d as a ...


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