STATE OF NEW JERSEY VS. WILAN FERRERAS SANTANA(12-12-2889, ATLANTIC COUNTY AND STATEWIDE), A-1388-15T1

Defendant entered a guilty plea to second-degree burglary in exchange for the State recommending a one-degree reduction to a four-year sentence, with dismissal of related aggravated assault and sexual-assault counts.
The plea colloquy included a Spanish interpreter; the judge explained the No Early Release Act (NERA) would require serving 85% of the four-year term and defendant affirmed understanding the consequences.
At plea hearing defendant admitted unlawful entry through a bathroom window, an assault on his former girlfriend, and that the offense involved physical injury.
Defendant later claimed he misunderstood the sentence as a "4 flat" term, alleging counsel told him "good time"/"work credits" would reduce NERA exposure and that counsel demanded extra fees to file a pre-sentence motion to withdraw the plea.
Defendant filed a post-conviction relief (PCR) petition and a post-sentence motion to withdraw his plea; both were denied by the PCR judge, who relied on the plea transcript and found the claims were largely conclusory and contradicted by the record.
On appeal, defendant argued ineffective assistance, denial of PCR without an evidentiary hearing, and that his Slater motion to withdraw plea should have been granted.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether PCR allegations of ineffective assistance warranted an evidentiary hearing	The State contended the record and defendant’s admissions refute the claims and that allegations were conclusory	Counsel misled him about NERA credits, coerced plea using scare tactics, and demanded extra fees to file to withdraw plea	Denied — claims were conclusory, refuted by plea transcript; no prima facie showing to warrant hearing
Whether counsel’s performance was constitutionally ineffective under Strickland	PCR court applied Strickland and found no deficient performance or prejudice shown	Counsel failed to advise about actual sentencing exposure and deportation consequences; coercion and fee demand impeded withdrawal	Denied — both Strickland prongs not met; record showed understanding and voluntary plea
Whether post‑sentence motion to withdraw plea should be granted under Slater factors	The State emphasized the benefit of the plea and defendant’s admissions at colloquy	Defendant argued misunderstanding of plea terms (NERA) and alleged trial counsel’s misconduct	Denied — Slater factors weighed against withdrawal; no colorable innocence claim and plea provided substantial benefit

Strickland v. Washington, 466 U.S. 668 (established two‑part ineffective assistance test)
State v. Fritz, 105 N.J. 42 (adopts Strickland standard in New Jersey)
State v. Preciose, 129 N.J. 451 (prima facie showing required for PCR evidentiary hearing)
State v. Cummings, 321 N.J. Super. 154 (bald assertions insufficient for PCR relief)
State v. Marshall, 148 N.J. 89 (vague or speculative claims do not warrant PCR hearing)
State v. Slater, 198 N.J. 145 (factors for evaluating plea‑withdrawal motions)
State v. Mustaro, 411 N.J. Super. 91 (standard of review for plea withdrawal rulings)