NOT FOR PUBLICATION WITHOUT THE APPROVAL OF THE APPELLATE DIVISION
Submitted May 29, 2013
On appeal from the Superior Court of New Jersey, Law Division, Passaic County, Indictment No. 07-10-1325.
Joseph E. Krakora, Public Defender, attorney for appellant (Adam W. Toraya, Designated Counsel, on the brief).
Camelia M. Valdes, Passaic County Prosecutor, attorney for respondent (Christopher W. Hsieh, Chief Assistant Prosecutor, of counsel and on the brief; Christopher R. Mount, on the brief).
Before Judges Alvarez and Waugh.
Defendant Manuel Mades appeals the December 3, 2010 Law Division order denying him post-conviction relief (PCR) based on a claim of ineffective assistance of counsel. We affirm.
Defendant, indicted for third-degree receiving stolen property, N.J.S.A. 2C:20-7 and 2C:20-2(a) (count one); fourth-degree resisting arrest by flight, N.J.S.A. 2C:29-2(a)(2) (count two); fourth-degree hindering, N.J.S.A. 2C:29-3(b)(4) (count three); and third-degree resisting arrest by use of force or violence, N.J.S.A. 2C:29-2(a)(3) (count four), entered a guilty plea to receiving stolen property and third-degree resisting. Pursuant to the negotiated plea agreement, on May 16, 2008, he was sentenced to three years probation. Defendant did not appeal his sentence. On June 7, 2010, defendant filed a pro se petition for post-conviction relief. The matter was argued on December 3, 2010, after defendant had been deported to the Dominican Republic.
The judge denied the petition based on an analysis with which we do not agree — namely, that because defendant was already outside the country at the time of oral argument, his petition could not be entertained as he could not be brought back into the country for an evidentiary hearing. We agree with the outcome, however, and that suffices for purposes of this affirmance. See Serrano v. Serrano, 367 N.J.Super. 450, 461 (App. Div. 2004) (citing Isko v. Planning Bd. of Livingston, 51 N.J. 162, 175 (1968)), rev'd on other grounds, 183 N.J. 508 (2005).
When the plea was entered, defendant acknowledged the possibility of deportation:
Q Okay. Are you a citizen of the United States?
A I'm a resident. Permanent resident.
Q Where were you born? A Santo ...