STATE OF NEW JERSEY v. MATHURIN AMBROISE
State: New Jersey
Docket No: none
Case Date: 03/11/2010
(NOTE: The status of this decision is Unpublished.)
NOT FOR PUBLICATION WITHOUT THE
APPROVAL OF THE APPELLATE DIVISION
SUPERIOR COURT OF NEW JERSEY
APPELLATE DIVISION
DOCKET NO. A-3018-08T4
STATE OF NEW JERSEY,
Plaintiff-Respondent,
v.
MATHURIN AMBROISE,
Defendant-Appellant.
_______________________________
Submitted February 23, 2010 - Decided March 11, 2010
Before Judges Wefing and Messano.
On appeal from Superior Court of New Jersey,
Law Division, Atlantic County, No. 07-01-00007-SGJ.
Rone, Hughes & Kowalski, attorneys for appellant
(Lee J. Hughes, on the brief).
Paula T. Dow, Acting Attorney General, attorney
for respondent (Yvonne G. Maher, Deputy Attorney
General, of counsel and on the brief).
PER CURIAM
Defendant was indicted for first-degree transporting
property derived from criminal activity, N.J.S.A. 2C:21-25a, and
second-degree receiving stolen property, N.J.S.A. 2C:20-7. On
July 7, 2008, he entered a negotiated plea of guilty to the
latter charge, with the State agreeing to recommend that
defendant be sentenced as if convicted of a third-degree crime
to a term of three years. Defendant subsequently filed a motion
to withdraw his guilty plea. The trial court denied the motion
and sentenced defendant in accordance with the terms of the plea
agreement. Defendant has appealed. After reviewing the record
in light of the contentions advanced on appeal, we reverse and
remand for further proceedings.
Question 17 of the plea form executed by defendant 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 answer "Yes" was circled.
When defendant entered his guilty plea, he had the
following colloquy with the trial court.
Q. I understand that you are not a
citizen of this country, is that correct?
A. Yes, I'm not.
Q. All right. And we discussed
earlier today that by entering a guilty
plea, it may have an adverse impact upon
your immigration status and you understand
that?
A. Yes, sir.
Q. All right. And you believe that
you've had enough time to review that issue
with your counsel?
A. I wish to have more time, but I think we
did our best.
Q. All right. Well, you're going to
have a sentencing date that's later on.
We're likely giving sentencing dates in
A-3018-08T4
2
September and perhaps even would be
agreeable to something a little bit later
than that if everybody needed a little bit
more time. So at this point, are you
prepared to go forward with your guilty
plea?
A. Yes.
Following those proceedings, defendant consulted with an
attorney who practiced in the field of immigration law. That
attorney forwarded an opinion letter stating that if defendant
was either found guilty or pled guilty to this second-degree
charge, "he will almost certainly be deported and/or removed
from the United States."
Defendant then filed his motion to withdraw his guilty
plea. He presented several reasons to the trial court why he
should be permitted to withdraw his guilty plea: his lack of
knowledge of the immigration consequences of his guilty plea and
its impact on whether he could be admitted to Intensive
Supervision Program, and the inadequacy of the factual basis
behind his plea.
In denying the motion with respect to the immigration
consequences, the trial court referred to those consequences as
"collateral" to the entry of a guilty plea. In its brief to us,
the State repeats that characterization, citing State v. Chung,
210 N.J. Super. 427 (App. Div. 1986). Chung, however, no longer
represents the law. The Supreme Court in July 2009 decided
A-3018-08T4
3
State v. Nunez-Valdez,
200 N.J. 129, 138, 143 (2009), in which
it stressed the necessity of a defendant having a full
understanding of the potential immigration consequences of a
guilty plea. The trial court did not have the benefit of the
Court's analysis at the time of defendant's motion, for it was
decided some months after the trial court decided that motion.
Defendant's appeal, however, was pending before us at the time
of the Court's decision, and he is entitled to pipeline
retroactivity.
We note in addition that the Supreme Court decided State v.
Slater,
198 N.J. 145 (2009), in which it articulated the
standards to be employed by a trial court in considering a
motion to withdraw a guilty plea, after this trial court denied
defendant's motion. The trial court did not have available to
it the Slater standard when it decided defendant's motion.
We reverse the trial court's order and remand the matter to
the trial court for reconsideration in light of State v. Nunez-
Valdez and State v. Slater.
Reversed and remanded.
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