State ex rel. T.M.

765 A.2d 735, 166 N.J. 319, 2001 N.J. LEXIS 25
CourtSupreme Court of New Jersey
DecidedFebruary 6, 2001
StatusPublished
Cited by54 cases

This text of 765 A.2d 735 (State ex rel. T.M.) is published on Counsel Stack Legal Research, covering Supreme Court of New Jersey primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
State ex rel. T.M., 765 A.2d 735, 166 N.J. 319, 2001 N.J. LEXIS 25 (N.J. 2001).

Opinion

The opinion of the Court was delivered by

LaVECCHIA, J.

On April 26, 1995, T.M., a mildly retarded juvenile, was adjudicated delinquent based on acts that, if committed by an adult, would constitute fourth-degree criminal sexual contact under N.J.S.A. 2C:14-3b. Three years later, he moved to vacate the guilty plea when he learned that he would have to register as a sex offender under New Jersey’s Registration and Community Notification Laws, N.J.S.A. 2C:7-1 to -11 (generally referred to as Megan’s Law). T.M. alleged that he did not enter his plea knowingly and voluntarily and that the plea lacked an adequate factual basis. The motion court upheld the plea, and the Appellate Division affirmed, finding that the delinquency hearing actually had proceeded as a trial on stipulated facts, not as a guilty plea. We granted certification, 163 N.J. 397, 749 A.2d 371 (2000), and now reverse.

I.

The facts of this case were uncontested. A delinquency complaint charged that, on April 18, 1993, T.M., then age twelve but functioning at the level of a nine-year-old, committed an act of criminal sexual contact on T.H., a six-year-old girl. A delinquency proceeding was held on April 26, 1995, at which T.M., his mother, and counsel appeared. The prosecutor immediately informed the trial court as follows:

This matter was scheduled for trial, as the Court is well aware. [T.M.] was charged with criminal sexual contact under Docket 84-94. The particular statute [323]*323was criminal sexual contact, N.J.S.A. 2C:14-3b, which as I’m reviewing the statute, is a fourth degree offense. The State is prepared at this time, in lieu of testimony, to place on the record the proffer that it would have made through its witnesses against [T.M.] in regard to this charge. And it’s om' understanding that the defense will not oppose that proffer and will accept that proffer as the factual basis for the charge. At which time ... the State would then recommend the disposition to the Court, which again, all parties have been involved in the discussion of that.

Although the State’s witnesses were in court and available to testify, in lieu of testimony the State made its proffer of the “factual basis” for the crime for the record:

Your Honor, the complaint states that on or about April 18, 1993, [T.M.] of 18 Fourth Avenue, Pitman, New Jersey, age 12, did in fact take ... [T.H.], who was then six years old, into the shed on his property. Took her into the shed and locked the door and pulled down the shades. At that point, he removed her clothing, her bottom clothing, exposing her private area, or her vaginal area. He then kissed her area with his mouth, kissed that area with his mouth, and placed the palm of his hand on her vaginal area in a very hard pressing manner causing her discomfort. At or about that time, he did get off of her and she was able to leave the shed, and from here she told various persons, her grandmother, and Detective Kelly, and Mi'. Osborn, of the events. And these testimonies would have been proffered through testimony had the State had an opportunity to put its case

Upon questioning by the court, the State indicated that T.H. had given that version of events, substantially contemporaneously with the incident, and that all persons named in the proffer were in court and ready to testify to the facts stated in the record.

T.M.’s counsel then made a statement expressing T.M.’s decision not to oppose the State’s proffer of facts:

I’ve discussed this with my client, [T.M.], and with his mother. And we’ve — I’ve explained to him that the State was going to make its proffer and he has agreed— well, he’s indicated he has no memory at this point of. that day, which was approximately two years ago, but he has no opposition to the Court making a finding based upon the representation of the State.

Both defense counsel and the court questioned T.M. on the record, and the court also questioned T.M.’s mother regarding the decision not to oppose the State’s proffer of facts. The court recited the State’s proffer of facts, finding

[t]hat [T.M.] has taken the position today that he does not have any memory or any opposition to present the Court with regard to these facts. The Court will deem these facts to be true, to be unrebutted. Therefore, as a basis — as a result of those statements as spread over the record, for which there is no opposition, the Court’s [324]*324determination that such conduct did in fact constitute criminal sexual contact under 2C:14-3b. That being a fourth degree offense. The Court will therefore enter an adjudication of guilty against [T.M.].

The court sentenced T.M. to one-year probation, ordered him placed under the care and supervision of the Department of Human Services so he could receive services from the Division of Developmental Disabilities, and prohibited him from having any contact with T.H. or her family when she visited her great-grandmother in New Jersey.

Three years later, T.M. moved to vacate his guilty plea when his mother learned that he would be required to register as a sex offender under Megan’s Law. T.M. maintained that the plea was entered without an adequate factual basis because the trial court never questioned him concerning his guilt of the criminal sexual contact offense underlying the delinquency charge. T.M. also argued that his plea was not voluntary or knowing, noting that the trial court did not make any inquiry concerning promises, inducements, or threats not disclosed by the record and that T.M. did not have an understanding of the nature of the charge and the consequences of the plea.

At the hearing, the motion court heard testimony from T.M.’s mother regarding T.M.’s decision to plead guilty in the delinquency proceeding. The mother testified that T.M. had repeatedly asserted his innocence to her, but that she thought it best for T.M. to plead guilty because she believed he would receive a lesser charge and avoid being placed in a detention center. T.M.’s mother also testified that she was not sure that T.M. had understood the nature of the delinquency proceeding, stating that T.M. “kept asking [her], ‘what do you mean, what do you mean,’ ” when she tried to explain the proceeding to him. The mother finally testified that T.M.’s retardation affected his comprehension.

The motion court denied T.M.’s motion to vacate the plea. The court found that T.M.’s “limited mental abilities” were relevant to the “voluntariness” of the plea and that T.M. “really did not provide a factual basis for the plea,” but rather that the State had recited the evidence. Nonetheless, the motion court declined to [325]*325substitute its judgment for the judgment of the trial court, which had the opportunity to observe T.M. and determine his ability to “know and understand the proceedings.”

The Appellate Division affirmed. The panel acknowledged that the trial court presiding over the delinquency proceeding had not inquired of T.M. concerning his guilt of the criminal sexual offense or concerning his voluntary and knowing acquiescence to the proceeding. The panel observed, however, that the trial court made no such inquiries for a good reason: “This was not a guilty plea, but rather a trial on a set of uncontroverted facts.” Implicit in that conclusion was a determination that the trial court need not have adhered to the provisions of Rule 3:9-2 that govern the entry of guilty pleas.

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Cite This Page — Counsel Stack

Bluebook (online)
765 A.2d 735, 166 N.J. 319, 2001 N.J. LEXIS 25, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-ex-rel-tm-nj-2001.