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State v. Louis

Superior Court of New Jersey, Appellate Division

July 12, 2013

STATE OF NEW JERSEY, Plaintiff-Respondent,
v.
MAKENTON LOUIS, Defendant-Appellant.

NOT FOR PUBLICATION WITHOUT THE APPROVAL OF THE APPELLATE DIVISION

Submitted March 11, 2013.

On appeal from Superior Court of New Jersey, Law Division, Union County, Indictment No. 93-07-1015.

Joseph E. Krakora, Public Defender, attorney for appellant (Alison Perrone, Designated Counsel, on the brief).

Theodore J. Romankow, Union County Prosecutor, attorney for respondent (Derek T. Nececkas, Assistant Prosecutor, of counsel and on the brief).

Before Judges Graves and Espinosa.

PER CURIAM.

Defendant appeals from the denial of his petition for post-conviction relief (PCR). We affirm.

Defendant pled guilty to third-degree possession of a controlled dangerous substance with intent to distribute pursuant to a plea agreement in July 1994. He was sentenced to three years probation. He did not file a direct appeal from his convictions and sentence.

Defendant filed a PCR petition in August 2008. He argued that he was denied the effective assistance of counsel because, inter alia, his trial counsel had a conflict of interest arising out of his employment as a municipal prosecutor and had not advised defendant that he would be subject to deportation after pleading guilty.

While his petition was pending, defendant was deported.

With defendant participating by telephone, an evidentiary hearing was conducted. The hearing was limited to whether trial counsel had a conflict of interest resulting in ineffective assistance of counsel, and whether defendant had established sufficient facts to show he is entitled to vacate his guilty plea.

The PCR court denied defendant's petition by order dated December 18, 2009. Defendant presents the following issues for ...


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