State of New Jersey v. Emmanuel Garcia

New Brunswick, New Jersey criminal defense lawyer represented the Defendant seeking post-conviction relief.



On October 1, 2012, defendant was driving on Route 18 in East Brunswick when he noticed a police vehicle was following him, and the officer was "running [his] plates." As defendant had a suspended driver's license, he made a U-turn to evade detection. The officer activated his overhead lights to effectuate a stop of defendant's vehicle. Defendant failed to pull over and instead drove at a high rate of speed, attempting to elude the officer. A second police vehicle joined in pursuing defendant with lights and sirens activated. Defendant drove in a dangerous manner, knowing he was putting others at "risk of death or injury." After defendant collided with a vehicle driven by Dolores Krowicki, with her daughter, Karen Larue, as a front seat passenger, he fled the accident scene. Both women died from the accident.



On January 23, 2013, a Middlesex County grand jury indicted defendant with: second-degree eluding, N.J.S.A. 2C:29-2(b) (count one); first-degree aggravated manslaughter, N.J.S.A. 2C:11-4(a)(1) (counts two and four); first-

degree aggravated manslaughter, N.J.S.A. 2C:11-4(a)(2) (counts three and five); second-degree vehicular homicide, N.J.S.A. 2C:11-5 (counts six and seven); second-degree leaving the scene of a motor vehicle accident resulting in death, N.J.S.A. 2C:11-5.1 (counts eight and nine); third-degree causing death while driving with a suspended license, N.J.S.A. 2C:40-22(a), N.J.S.A. 39:3-40, (counts ten and eleven); and third-degree hindering apprehension or prosecution, N.J.S.A. 2C:29-3(b)(4) (counts twelve through sixteen).



On July 11, defendant entered a negotiated plea agreement. Defendant pleaded guilty to counts one, three, five, and eight. Pursuant to the plea agreement, the State recommended concurrent twenty-five-year terms of imprisonment on counts three and five, subject to an eighty-five percent period of parole ineligibility under the No Early Release Act (NERA), N.J.S.A. 2C:43-7.2. The State also recommended a five-year term of imprisonment on count one and a five-year term of imprisonment on count eight, subject to NERA, to run concurrently with counts three and five. The State agreed to recommend dismissal of the remaining counts, and defendant reserved the right to seek a lesser sentence.



After the trial court accepted defendant's guilty plea, the court sentenced him in accordance with the plea agreement, except for imposing concurrent twenty-four-year terms of imprisonment on counts three and five.



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CRIMINAL LAW. POST-CONVICTION RELIEF. The court held that the defendant's petition for post-conviction relief was procedurally barred due to being filed beyond the statutory time limit and for failing to demonstrate excusable neglect or a fundamental injustice that would warrant relaxing the time bar.



CRIMINAL LAW. INEFFECTIVE ASSISTANCE OF COUNSEL. The defendant's claim for ineffective assistance of counsel was found to lack merit because the defendant failed to establish a prima facie case that his counsel's performance was deficient under the Strickland standard, as he did not provide material evidence showing how counsel's conduct prejudiced his defense.



Key Phrases Post-conviction relief. Ineffective assistance of counsel. Plea agreement. Procedural bar. Sentencing Oral Argument.

affirmed