NOT FOR PUBLICATION WITHOUT THE APPROVAL OF THE APPELLATE DIVISION This opinion shall not "constitute precedent or be binding upon any court." Although it is posted on the internet, this opinion is binding only on the parties in the case and its use in other cases is limited. R. 1:36-3. SUPERIOR COURT OF NEW JERSEY APPELLATE DIVISION DOCKET NO. A-5357-15T1 STATE OF NEW JERSEY, Plaintiff-Respondent, v. LUDGI G. DESROCHES, Defendant-Appellant. ______________________________ Submitted November 2, 2017 – Decided November 14, 2017 Before Judges Simonelli and Haas. On appeal from Superior Court of New Jersey, Law Division, Monmouth County, Indictment No. 08-08-1869 and Accusation Nos. 08-11-2520 and 08-11-2521. Joseph E. Krakora, Public Defender, attorney for appellant (William Welaj, Designated Counsel, on the brief). Christopher J. Gramiccioni, Monmouth County Prosecutor, attorney for respondent (Mary R. Juliano, Assistant Prosecutor, of counsel; Anthony Valenzano, Legal Assistant, on the brief). PER CURIAM Defendant appeals from the May 31, 2016 Law Division order denying his petition for post-conviction relief (PCR) without an evidentiary hearing. We affirm. A grand jury returned a one-count indictment charging defendant with third-degree possession of cocaine, N.J.S.A. 2C:35- 10(a)(1). On November 10, 2008, defendant pled guilty to this charge, as well as to two additional charges (third-degree conspiracy to possess cocaine, N.J.S.A. 2C:5-2 and N.J.S.A. 2C:35- 10(a)(1); and third-degree distribution of cocaine, N.J.S.A. 2C:35-5(b)(3)), which were set forth in two accusations the prosecutor issued on that date. Although defendant was not a United States citizen, he answered "No" to Question No. 17 on the plea agreement form that 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?" Pursuant to the negotiated plea, the judge sentenced defendant on December 19, 2008 to concurrent three-year terms of probation on each charge. Defendant did not file a direct appeal from his conviction and sentence. On August 9 and 10, 2011, defendant pled guilty to new drug charges1 and to violations of probation. At the plea hearing, 1 Specifically, defendant pled guilty to two counts of third-degree distribution of cocaine, N.J.S.A. 2C:35-5(b)(3). 2 A-5357-15T1 defendant admitted he was not a citizen of the United States. He also acknowledged that if he pled guilty to the charges, it would likely result in his deportation. Pursuant to the negotiated plea, the judge sentenced defendant on November 18, 2011 to an aggregate six-year term, with a three-year period of parole ineligibility, on the two drug charges, and a concurrent five-year aggregate term for the violations of probation. On September 11, 2014, more than five years after he was sentenced on December 19, 2008 on the initial set of charges, defendant filed his PCR petition. Defendant argued he was entitled to have his November 10, 2008 plea vacated on ineffective assistance of counsel grounds because his attorney did not provide him with any advice concerning the immigration consequences of his guilty plea. Defendant also argued that his petition should be accepted as timely because ...
Original document
Source: All recent Immigration Decisions In All the U.S. Courts of Appeals