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State of New Jersey v. Angelo Manzueta

November 20, 2012

STATE OF NEW JERSEY, PLAINTIFF-RESPONDENT,
v.
ANGELO MANZUETA, DEFENDANT-APPELLANT.



On appeal from Superior Court of New Jersey, Law Division, Hudson County, Indictment No. 03-11-1295.

Per curiam.

NOT FOR PUBLICATION WITHOUT THE APPROVAL OF THE APPELLATE DIVISION

Submitted July 18, 2012

Before Judges Espinosa and Koblitz.

Defendant appeals from the denial of his petition for post- conviction relief (PCR) without an evidentiary hearing. We affirm.

Defendant pled guilty, pursuant to a negotiated plea agreement, to one count of third-degree possession of a controlled dangerous substance with intent to distribute within 1000 feet of a school, N.J.S.A. 2C:35-7, on November 17, 2003.

During the course of his plea hearing, defendant admitted that he had cocaine in his possession on the date he was arrested; that he intended to sell or share that cocaine; and that the location of the premises was within 1000 feet of school property. He stated he understood the nature of the charges against him; the sentence he faced pursuant to the plea agreement; that he was waiving his right to a jury trial; and stated further that he was entering the agreement freely and voluntarily. The court questioned defendant specifically about the questions and answers on the plea form:

THE COURT: Now -- now, Mr. Manzueta, I want you to take a look at the copies of that plea form that are there at counsel table. I have the originals here in my hands. Now, sir, do you read and write English?

THE DEFENDANT: No.

THE COURT: But your lawyer [] then did go over this form with you with the help of the interpreter, and she did translate all the questions and statements on this paper for you as the two of you were going over it.

THE DEFENDANT: Yes.

THE COURT: And as a matter of fact, [defense counsel] even helped you to prepare the form because as the two of you were speaking with the assistance of the interpreter, either [defense counsel] circled the correct answers here himself, or you circled them, or the two of you did it together.

THE DEFENDANT: We did it together.

THE COURT: And you did understand [defense counsel] with the assistance of the interpreter as the ...


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