State of New Jersey v. Ernest Jones

155 A.3d 7, 449 N.J. Super. 12

• Court: New Jersey Superior Court Appellate Division
• Decided: February 23, 2017
• Docket: A-5383-13T1
• Status: Published

Opinion

NOT FOR PUBLICATION WITHOUT THE APPROVAL OF THE APPELLATE DIVISION

SUPERIOR COURT OF NEW JERSEY APPELLATE DIVISION DOCKET NO. A-5383-13T1

STATE OF NEW JERSEY, APPROVED FOR PUBLICATION

Plaintiff-Respondent, February 23, 2017

v. APPELLATE DIVISION

ERNEST JONES, a/k/a EARNEST JONES, ERNEST EVERET JONES, and ERNEST EVERETT JONES,

Defendant-Appellant. ________________________________________________

Argued December 7, 2015 – Decided January 19, 2017 Resubmitted February 8, 2017 – Decided February 23, 2017

Before Judges Messano, Carroll and Sumners.

On appeal from the Superior Court of New Jersey, Law Division, Gloucester County, Docket No. 13-06-00635.

Joseph E. Krakora, Public Defender, attorney for appellant (John Douard, Assistant Deputy Public Defender, of counsel and on the brief).

Christopher S. Porrino, Attorney General, attorney for respondent (Jeffrey P. Mongiello, Deputy Attorney General, of counsel and on the brief).

PER CURIAM

On January 19, 2016, in a published opinion, we affirmed

defendant's conviction of fourth-degree violation of community supervision for life, N.J.S.A. 2C:43-6.4(d). State v. Jones,

443 N.J. Super. 515, 521, 532 (App. Div.), certif. granted in

part, denied in part, 227 N.J. 147 (2016). After we issued our

opinion, defendant filed a petition for certification.

Subsequently, the State moved before the Law Division to vacate

defendant's conviction and dismiss the indictment with

prejudice, which the trial judge granted. Thereafter, defendant

amended his petition for certification, seeking to withdraw it

and to vacate our judgment and withdraw our published opinion.

The Court granted defendant's motion to withdraw his petition

for certification, but denied the remaining requested relief.

State v. Jones, 227 N.J. 147, 147-48 (2016). In its order, the

Court stated: "[O]n the State's motion, the trial court . . .

vacated defendant's conviction and dismissed the indictment with

prejudice, the State having conceded that under the

circumstances presented . . . , defendant should not have been

indicted for violating a special condition of community

supervision for life . . . ." Id. at 147. The Court further

stated: "The Court directs the Clerk of the Court to publish

this order to provide notice that defendant's judgment of

conviction has been vacated." Id. at 148.

Subsequently, defendant sought reconsideration in the

Appellate Division, requesting that we vacate our prior judgment

2 A-5383-13T1 and withdraw our published opinion. We granted that motion,

vacated our prior judgment, and advised that an opinion would be

filed at a later date withdrawing our January 19, 2016 published

opinion. Accordingly, the Law Division's vacation of

defendant's conviction and dismissal with prejudice of the

indictment has required that our prior judgment be vacated and

our published opinion withdrawn as precedent.

3 A-5383-13T1