STATE OF NEW JERSEY VS. HECTOR W. GONZALEZ(01-06-0673 AND 01-07-0717, PASSAIC COUNTY AND STATEWIDE), A-0301-15T2

In 2003 Gonzalez pleaded guilty to multiple indictments charging robbery, weapons offenses, terroristic threats, aggravated assault, and drug distribution pursuant to negotiated plea agreements with specific concurrent sentence recommendations.
Sentencing was delayed because Gonzalez underwent surgery; he later fled to the Dominican Republic, remained a fugitive for six years, reentered the U.S. illegally, and was re-arrested.
In 2012, represented by new counsel, Gonzalez sought to withdraw his 2003 guilty pleas; the motion was denied and he was sentenced per the plea agreements; this court affirmed on direct appeal in 2014.
Gonzalez filed a pro se PCR petition alleging plea counsel "duped" him and failed to advise properly about immigration consequences; counsel was appointed and an amended PCR petition was filed.
The PCR court (Judge Reddin) denied relief without an evidentiary hearing; the Appellate Division affirmed, relying on the record showing the plea form and the plea allocution where the judge specifically asked and Gonzalez acknowledged awareness of deportation risk.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether plea counsel was ineffective for failing to advise Gonzalez of immigration consequences	State: Record shows judge specifically informed Gonzalez of deportation risk and Gonzalez acknowledged it; Padilla is not retroactive to bar relief here	Gonzalez: Counsel provided inaccurate/misleading advice about immigration consequences, so he was denied effective assistance and is entitled to evidentiary hearing and relief	Denied. Padilla is a new rule not retroactive on collateral review; record shows awareness of deportation and Gonzalez failed to satisfy Strickland deficiency or prejudice prongs
Whether an evidentiary hearing is required to determine if knowledge of noncitizen status would have changed plea-withdrawal outcome (raised on appeal only)	State: Issue was not raised below; appellate court should not consider it	Gonzalez: Trial judge lacked accurate knowledge of his citizenship at sentencing; that would have affected plea-withdrawal ruling	Not addressed on merits. Court declined to consider because issue was not raised in trial court (procedural default under State v. Witt)

Padilla v. Kentucky, 559 U.S. 356 (advice about immigration consequences required for future cases)
Strickland v. Washington, 466 U.S. 668 (ineffective assistance two-prong test)
State v. Gaitan, 209 N.J. 339 (Padilla is a new rule not retroactive on collateral review)
State v. Witt, 223 N.J. 409 (appellate court may decline issues not raised below)