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STATE v. DELGADO

No. A-3276-08T4.

STATE OF NEW JERSEY, Plaintiff-Respondent, v. FABRICIO DELGADO, Defendant-Appellant.

Superior Court of New Jersey, Appellate Division.

Decided November 18, 2010.

Attorney(s) appearing for the Case

Yvonne Smith Segars , Public Defender, attorney for appellant ( Gregory P. Jordan , Designated Counsel, of counsel and on the brief).

Thomas S. Ferguson , Warren County Prosecutor, attorney for respondent ( Dit Mosco , Assistant Prosecutor, of counsel and on the brief).

Before Judges Gilroy and Sapp-Peterson.

PER CURIAM.

Defendant Fabricio Delgado, an Ecuadorian national, appeals from the December 30, 2008 order that denied his petition for post-conviction relief (PCR). We reverse and remand for further proceedings consistent with this opinion.

I.

On December 10, 1998, defendant was charged under a Warren County Accusation with third-degree possession of a controlled dangerous substance (CDS) (acetaminophen and codeine), N.J.S.A.

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