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State v. Blanco

Superior Court of New Jersey, Appellate Division

October 2, 2013

STATE OF NEW JERSEY, Plaintiff-Respondent,
v.
FELIX BLANCO, Defendant-Appellant.

NOT FOR PUBLICATION WITHOUT THE APPROVAL OF THE APPELLATE DIVISION

Submitted August 13, 2013

On appeal from the Superior Court of New Jersey, Law Division, Passaic County, Indictment Nos. 07-05-0678 and 08-10-1311.

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 Lihotz and Guadagno.

PER CURIAM

Defendant Felix Blanco, a citizen of the Dominican Republic, appeals from a February 10, 2011 Law Division order, denying his petition for post-conviction relief (PCR). On appeal, defendant argues:

POINT ONE
THE FAILURE OF TRIAL COUNSEL TO ADVISE DEFENDANT THAT AS A RESULT OF HIS PLEA AGREEMENT, HE WOULD BE DEPORTED DEPRIVED DEFENDANT OF HIS CONSTITUTIONAL RIGHT TO THE EFFECTIVE ASSISTANCE OF COUNSEL.
POINT TWO
THE FAILURE OF TRIAL COUNSEL AND THE TRIAL COURT TO EXPLAIN THE IMMIGRATION CONSEQUENCES OF DEFENDANT'S GUILTY PLEA CAUSED DEFENDANT TO LACK KNOWLEDGE AND UNDERSTANDING OF THE PLEA AGREEMENT, RENDERING HIS PLEA DEFECTIVE, BECAUSE HE NEVER KNOWINGLY WAIVED HIS RIGHT TO A JURY TRIAL.
POINT THREE
THE PCR COURT ERRED WHEN IT FAILED TO GRANT DEFENDANT'S REQUEST FOR AN ...

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