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STATE v. NUÑEZ-VALDÉZ

A-46 September Term 2008

975 A.2d 418 (2009)

200 N.J. 129

STATE of New Jersey, Plaintiff-Respondent, v. JosÉ NUÑEZ-VALDÉZ, Defendant-Appellant.

Supreme Court of New Jersey.

Decided July 27, 2009.

As Corrected July 30, 2009.

Attorney(s) appearing for the Case

Justin T. Loughry, Moorestown, argued the cause for appellant (Loughry and Lindsay, attorneys).

Nancy P. Scharff, Assistant Prosecutor, argued the cause for respondent (Warren W. Faulk, Camden County Prosecutor, attorney; Ms. Scharff and Robert K. Uyehara, Jr., Assistant Prosecutors, on the letters in lieu of brief).

Jeffrey S. Mandel, Morristown, argued the cause for amici curiae Association of Criminal Defense Lawyers of New Jersey and American Civil Liberties Union of New Jersey (Pinilis Halpern and Edward L. Barocas, attorneys).

Carol M. Henderson, Assistant Attorney General, argued the cause for amicus curiae Attorney General of New Jersey (Anne Milgram, Attorney General, attorney).

Justice WALLACE, JR., delivered the opinion of the Court.

As part of a plea agreement, defendant José Nuñez-Valdéz pled guilty to fourth-degree criminal sexual contact in exchange for a State-recommended probationary sentence. The trial court accepted the plea and sentenced defendant consistent with the plea agreement. Based on his conviction, defendant was subsequently deported. Defendant filed a petition for post-conviction relief asserting that his...

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