STATE OF NEW JERSEY VS. G.G.M. (14-02-0391, MONMOUTH COUNTY AND STATEWIDE) (RECORD IMPOUNDED)

RECORD IMPOUNDED
NOT FOR PUBLICATION WITHOUT THE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-1525-17T3
STATE OF NEW JERSEY,
Plaintiff-Respondent,
v.
G.G.M.,
Defendant-Appellant.
______________________________
Submitted March 6, 2019 – Decided March 22, 2019
Before Judges Nugent and Reisner.
On appeal from Superior Court of New Jersey, Law
Division, Monmouth County, Indictment No. 14-02-
0391.
Joseph E. Krakora, Public Defender, attorney for
appellant (Abby P. Schwartz, Designated Counsel, on
the brief).
Christopher J. Gramiccioni, Monmouth County
Prosecutor, attorney for respondent (Monica L. Do
Outeiro, Assistant Prosecutor, of counsel and on the
brief).
PER CURIAM
Defendant G.G.M. appeals from a September 29, 2017 order denying his
petition for post-conviction relief (PCR). He presents the following point of
argument for our consideration:
AS COUNSEL FAILED TO EXPLAIN THE
IMMIGRATION CONSEQUENCES OF
DEFENDANT'S GUILTY PLEA, DEFENDANT WAS
DENIED THE EFFECTIVE ASSISTANCE OF
COUNSEL IN VIOLATION OF HIS RIGHT TO
COUNSEL, RIGHT TO A FAIR TRIAL, AND RIGHT
TO DUE PROCESS.
After reviewing the record we conclude that the argument is without sufficient
merit to warrant discussion beyond the following brief comments. R. 2:11-
3(e)(2).
Pursuant to a plea agreement, defendant pled guilty to fourth-degree
criminal sexual contact and was sentenced to time served. Defendant, who has
now been deported, contends that prior to pleading guilty, he was inadequately
advised of the possibility that his plea would result in deportation. However, he
was subject to a pending immigration detainer at the time he pled guilty, and at
the plea hearing the trial judge noted on the record that the detainer would take
effect as soon as defendant was sentenced. In the plea colloquy, defendant also
stated that he had already consulted with immigration counsel before deciding
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to enter his guilty plea. In his plea allocution, defendant also provided a
sufficient factual basis for his plea.
In his certification filed in support of the PCR petition, defendant did not
assert that he was innocent of the charges, or that he would not have pled guilty
had he known he was going to be deported. On this record, defendant clearly
knew he was going to be deported as a result of his guilty plea, before he entered
the plea. Consequently, defendant failed to present a prima facie case either that
his attorney was ineffective or that, but for counsel's ineffective assistance, he
would have refused to plead guilty and would instead have insisted on going to
trial. See State v. Gaitan, 209 N.J. 339, 350-51 (2012). In the absence of a
prima facie case, the PCR court properly dismissed the petition without an
evidentiary hearing. See State v. Preciose, 129 N.J. 451, 462-63 (1992).
Affirmed.
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