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State v. Rodriguez

Superior Court of New Jersey, Appellate Division

September 10, 2013

STATE OF NEW JERSEY, Plaintiff-Respondent,
v.
SANDRO RODRIGUEZ, Defendant-Appellant.

NOT FOR PUBLICATION WITHOUT THE APPROVAL OF THE APPELLATE DIVISION

Submitted July 30, 2013

On appeal from Superior Court of New Jersey, Law Division, Bergen County, Indictment No. 03-01-0142.\

Fernando Iamurri, P.C., attorneys for appellant (Fernando Iamurri, on the brief).

John L. Molinelli, Bergen County Prosecutor, attorney for respondent (Catherine A. Foddai, Senior Assistant Prosecutor, of counsel and on the brief).

Before Judges Espinosa and Hoffman.

PER CURIAM

Defendant Sandro Rodriguez appeals from the June 21, 2012 Law Division order denying his petition for post-conviction relief (PCR). We affirm.

On January 21, 2003, a Bergen County grand jury indicted defendant on two counts of third-degree distribution of a controlled dangerous substance, cocaine, N.J.S.A. 2C:35-5a(1) and N.J.S.A. 2C:35-5b(3). In accordance with a negotiated plea agreement, on April 14, 2003, defendant pled guilty to count one of the indictment. In exchange, the State agreed to dismiss the second count and recommend a sentence of 180 days incarceration and probation. After obtaining a factual basis, the judge accepted the plea.

On June 20, 2003, the judge dismissed count two and sentenced defendant to two years of probation, conditioned on ninety days imprisonment in the Bergen County Jail, and imposed appropriate fines and penalties. Defendant did not file a direct appeal from his conviction and sentence.

On May 1, 2012, defendant filed his petition for PCR, alleging, for various reasons, ineffective assistance of counsel. On June 21, 2012, the PCR judge found that defendant had not established a prima facie case of ineffective assistance of counsel and denied the petition without conducting an evidentiary hearing. This appeal followed.

On appeal defendant raises the following arguments for our consideration:

POINT I
SINCE PETITIONER WAS DENIED HIS SIXTH AMENDMENT CONSTITUTIONAL RIGHT TO EFFECTIVE ASSISTANCE OF TRIAL COUNSEL GUARANTEED BY THE UNITED STATES CONSTITUTION AND ARTICLE 1, Par. 10, OF THE NEW JERSEY CONSTITUTION, THE LOWER COURT ...

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