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State v. Barrios

Superior Court of New Jersey, Appellate Division

October 17, 2013

STATE OF NEW JERSEY, Plaintiff-Respondent,
v.
MARCOS BARRIOS, Defendant-Appellant.

NOT FOR PUBLICATION WITHOUT THE APPROVAL OF THE APPELLATE DIVISION

Submitted April 15, 2013.

On appeal from Superior Court of New Jersey, Law Division, Bergen County, Accusation No. A-360-02.

Joseph E. Krakora, Public Defender, attorney for appellant (Adam W. Toraya, Designated Counsel, 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 Graves and Ashrafi.

OPINION

GRAVES, J.A.D.

Defendant Marcos Barrios appeals from an order dated April 18, 2011, denying his petition for post-conviction relief (PCR) without an evidentiary hearing. We affirm.

On February 14, 2002, when he was twenty-two years old, defendant pled guilty to a one-count accusation charging him with third-degree distribution of a controlled dangerous substance (CDS), N.J.S.A. 2C:35-5(a)(1) and N.J.S.A. 35-5(b)(3). In exchange for the plea, the State agreed to recommend that defendant would be sentenced to a term of probation with up to 364 days in the county jail.

Prior to entering his plea, defendant completed a plea form with his attorney. Question seventeen asked: "Do you understand that if you are not a United States citizen or national, you may be deported by virtue of your plea of guilty"? The possible answers were "Yes, " "No, " and "N/A, " and "Yes" was circled.

At his plea hearing, defendant admitted he distributed ecstasy to an undercover narcotics officer in Bergen County on August 7, 2001, and he confirmed he was entering his plea voluntarily. Defendant also testified as follows:

THE COURT: Have you had enough time to go over your case with your attorney?
THE DEFENDANT: Yes.
THE COURT: And did he answer all of your questions to your satisfaction, explain to you all of your rights and responsibilities in connection with the charge or charges against you?
THE DEFENDANT: Yes, sir.
THE COURT: Satisfied with his ...

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