State v. Blackmon

997 A.2d 194, 202 N.J. 283, 2010 N.J. LEXIS 508
CourtSupreme Court of New Jersey
DecidedJune 9, 2010
DocketA-18 September Term 2009
StatusPublished
Cited by181 cases

This text of 997 A.2d 194 (State v. Blackmon) 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 v. Blackmon, 997 A.2d 194, 202 N.J. 283, 2010 N.J. LEXIS 508 (N.J. 2010).

Opinions

Justice HOENS

delivered the opinion of the Court.

We granted the petition for certification filed on behalf of the State of New Jersey to consider whether the Appellate Division erred in ordering that defendant Karlton Blackmon be afforded a new sentencing hearing. More specifically, we granted the petition to address whether the appellate panel, in directing that defendant’s step-father be permitted to be heard, and in reasoning that the sentencing court abused its discretion by precluding him from speaking, had, in effect, created a right to be heard that exceeded its authority.

I.

Defendant was indicted for first-degree murder, N.J.S.A. 2C:ll-3, second-degree possession of a weapon for an unlawful purpose, N.J.S.A. 2C:39-4(a), and second-degree possession of a firearm by a convicted felon, N.J.S.A 2C:39-7(b). He entered [289]*289into a written plea agreement, pursuant to which he would plead guilty to a down-graded charge of first-degree aggravated manslaughter, N.J.S.A. 2C:ll-4(a), and second-degree possession of a firearm by a convicted felon.

In exchange for defendant’s guilty plea, the State agreed to dismiss the counts charging him with first-degree murder and second-degree possession of a weapon for an unlawful purpose. The State also agreed to recommend a sentence of twenty years in prison, subject to the parole ineligibility and supervision provisions of the No Early Release Act (NERA), N.J.S.A. 2C:43-7.2, for the first-degree aggravated manslaughter count, with a concurrent ten-year sentence for the second-degree offense. As part of the plea agreement, defendant reserved the right to ask the court to impose a lesser sentence than the one to which he had agreed.

On November 7, 2005, defendant entered his guilty plea. As part of the plea colloquy, defendant described the events that led to his indictment. He admitted that he had been in Asbury Park with a number of people, and that he and the victim, Earl Bailey, had a fist fight, during which defendant punched Bailey, knocking him to the ground. Defendant further admitted that he shot Bailey from about ten feet away while Bailey was still on the ground. Although defendant asserted that he had been aiming for Bailey’s leg, the shot hit Bailey in the chest, fatally wounding him. The trial court accepted the plea and the matter was scheduled for sentencing.

Prior to his sentencing date, defendant filed a motion to withdraw his guilty plea. He asserted that his plea was not voluntary, but was instead the result of pressure exerted on him by his family. He contended that his mother, his aunts, his cousins, and his brother had urged him to accept the plea in order to avoid the risk of the life sentence that he would face if he were tried and convicted of murder. He certified that the stress and confusion caused by this pressure from his family resulted in a plea that was not voluntary. He further claimed that if tried, he would argue [290]*290that the shooting was justified by self defense or the defense of others.

After hearing oral arguments from defendant’s counsel and from the State, the trial court denied the plea withdrawal motion, concluding that defendant’s plea was both knowing and voluntary. The court pointed out that the plea negotiations had been lengthy and that during the plea proceeding itself there had been no hint that defendant’s plea was anything other than voluntary. Turning specifically to defendant’s claim that his family had unduly pressured him, the court observed:

I don’t find, not for a minute, that Mr-. Blackmon was inappropriately pressured by his family. There is no doubt in my mind that his family was concerned about his welfare and about the best possible deal he could get under the circumstances. He faced a first-degree murder charge, which carries with it ... up to life in prison with no parole for at least 30 years. That was on the table. That was something that was talked about, negotiated____
At the time I took the plea from [defendant], I determined that he was credible in his explanation to me of what happened. I found that he was credible in his statements that he was entering this plea voluntarily. Of course he was stressed. Of course he felt pressured by his family. He was facing life imprisonment. He had been in jail for some time. He had ran from this area and had been found in Florida and placed in custody. And of course he was under some stress. I would be very surprised if somebody who was charged with these criminal activities, facing this kind of time in prison would not be stressed. I find there is nothing specifically unusual about his being stressed.
I find that this defendant has failed to provide this Court with anything that would support his motion to withdraw the plea. I have made a determination that the plea was entered knowingly, voluntarily and willingly. I will deny the motion.

After denying defendant’s motion to withdraw his guilty plea, the following colloquy took place:

THE COURT: So now we’re here on the sentencing of Karlton Blackmon.
THE PROSECUTOR: Thank you, Your Honor. I would move for the imposition of sentence at this time in accordance of the terms of the November 7, 2005 plea agreement. I would like the record to reflect that Mrs. Bailey is present. She would be the victim’s mother. Also present is Patrice Bailey, the victim’s sister. Paulette Small is present. She would be the victim’s girlfriend and the mother of his [three] children. And a cousin Rick as well is present. And I would ask that Ms. Small have the opportunity to address the Court at the appropriate time. THE COURT: Thank you. My procedure is that the Prosecutor introduces the case, the defense counsel speaks. I will ask Mr. Blackmon if he wants to speak.
[291]*291Then I’ll give the person who is here on behalf of the family [the opportunity] to speak and then I’ll finally let the Prosecutor speak, if he wants to.
DEFENSE COUNSEL: Thank you, Judge. I would also add that my client’s family is here and his [step-]father is there and also has asked to speak on his behalf.
THE COURT: I won’t allow that. You can speak on his behalf.
DEFENSE COUNSEL: Thank you.
THE COURT: And he can speak on his own behalf.
DEFENSE COUNSEL: I so advised his family.

Following that discussion, defense counsel argued on defendant’s behalf and defendant made his statement to the court. The trial court then heard from Paulette Small, who was the mother of Bailey’s three minor children and the woman with whom he was living when he died. Finally, the prosecutor spoke.

The trial court then proceeded with sentencing, finding that aggravating factors three, N.J.S.A 2C:44-l(a)(3) (risk that defendant will commit another offense), six, N.J.S.A. 2e:44-l(a)(6) (extent and seriousness of prior record), and nine, N.J.S.A. 2C:44-1(a)(9) (need for deterrence), all applied. In addition, the court considered the three mitigating factors raised by defense counsel. In the court’s analysis, because the shooting was part of a mutual fight between defendant and Bailey, there were sufficient grounds to warrant the application of mitigating factor four, N.J.S.A.

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Bluebook (online)
997 A.2d 194, 202 N.J. 283, 2010 N.J. LEXIS 508, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-blackmon-nj-2010.