State v. Friedman

35 A.3d 1163, 209 N.J. 102, 2012 N.J. LEXIS 14
CourtSupreme Court of New Jersey
DecidedJanuary 24, 2012
StatusPublished
Cited by15 cases

This text of 35 A.3d 1163 (State v. Friedman) 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. Friedman, 35 A.3d 1163, 209 N.J. 102, 2012 N.J. LEXIS 14 (N.J. 2012).

Opinion

Judge WEFING

(temporarily assigned) delivered the opinion of the Court.

In this appeal we are called upon to consider whether the Appellate Division correctly applied the No Early Release Act, N.J.S.A 2C:43-7.2 (NERA), when it concluded that a defendant who has been sentenced to three consecutive terms under that statute serves the periods of post-release parole supervision that are part of a NERA sentence concurrently rather than consecutively. We conclude that the periods of parole supervision must be served consecutively and thus reverse the contrary determination of the Appellate Division.

We are also called upon to consider in conjunction with this appeal whether State v. Hess, 207 N.J. 123, 23 A.3d 373 (2011), mandates that we strike down a provision of defendant’s plea bargain, under which he agreed his attorney would not seek at the time of sentencing to have the trial court impose a concurrent sentence, as opposed to the consecutive sentence to which he had agreed. After carefully reviewing the record in this matter, we can perceive no basis to intervene in defendant’s sentence.

[106]*106I.

These questions come to us in the following factual and procedural context. Defendant was married to his wife for more than twenty years. Together, they had three children. The record before us does not indicate anything untoward between defendant and his wife for most of those years. For reasons that cannot be fathomed, and are indeed immaterial, defendant began to abuse his wife physically. She had to seek medical attention and on several occasions had to be hospitalized to treat the injuries she received at his hand. Despite the pleas of the physician who treated her for her injuries, she resisted seeking legal recourse. She persisted in this course for an extended period of time. Eventually, however, she acceded to these entreaties and defendant was arrested and charged for his assaults upon her. A grand jury originally returned an indictment against him that contained more than one hundred counts, alleging offenses against defendant’s wife and two of his children for the period from September 2005 through December 2006. The indictment was later amended, and the number of counts was reduced to fifty.

On March 28, 2008, defendant entered a negotiated plea of guilty to three of the fifty counts. In light of the nature of the arguments presented to us, we deem it important to set forth, in more detail than we otherwise might, the details of the proceedings on that date.

The prosecutor, in placing the terms of the plea bargain upon the record, described it in the following manner: defendant agreed to plead guilty to Count 9, charging him with second-degree aggravated assault upon his wife in violation of N.J.S.A 2C:12-l(b) during the period between June 12, 2006 and July 17, 2006, and the State would recommend a sentence not to exceed six years, subject to NERA; to Count 13, charging him with second-degree aggravated assault upon his wife in violation of N.J.S.A. 2C:12-l(b) during the period between September 29, 2006 and October 3, 2006, and the State would recommend a sentence not to exceed seven years, subject to NERA, to be served consecutively [107]*107to the sentence to be imposed under Count 9; and to Count 22, charging Mm with second-degree aggravated assault upon his wife in violation of N.J.S.A. 2C:12-l(b) during the period between December 11, 2006 and December 14, 2006, and the State would recommend a sentence not to exceed seven years, subject to NERA, to be served consecutively to the sentences to be imposed under Counts 9 and 13. The State agreed as part of the bargain that the remaining forty-seven counts of the indictment would be dismissed. The assistant prosecutor handling the prosecution also noted that the agreement reached included the following provision:

He [defendant] also agrees to waive any claim—including any claim under State - vs- Yarbough regarding [the] consecutive nature of the sentence for these counts. In other words, he agrees that he can’t argue or will not argue that those sentences could not be imposed consecutively.

The assistant prosecutor also noted that defendant agreed to acknowledge the accuracy of the records maintained by the physician who treated Ms wife for the injuries she received from him. Defendant’s counsel acknowledged that the assistant prosecutor had correctly recited the terms of the plea bargain.

Defendant was then placed under oath, and the trial court carefully questioned Mm about his understanding of, and Ms concurrence with, the terms of the agreement. The trial court then questioned defendant with respect to his guilty plea to Count 9.

Q. Now, I draw your attention back to June 12, 2006 through the time period of 7/17, July 17 of 2006. Between those dates did you burn your wife’s arm with hot oven racks from a toaster oven?
A. Yes.
Q. And you did realize on that date that due to previous injuries that had been inflicted to that same area that you knew or had reason to believe it was going to cause serious permanent injury?
A. Yes.
Q. And what I mean by serious permanent injury as defined by statute, that you knew it was going to cause serious permanent disfigurement, correct?
A. Yes.
Q. And as a result of those burns, your wife had to be hospiialized for severe and life-threatening infection?
[108]*108A. Yes.

The trial court then took up defendant’s plea of guilty to Count 13.

Q. All right. Now, under Count 13. Count 13 alleges that between 29th day of September, 2006 and October 3, 2006 you committed another aggravated assault of the second-degree ..., when you attempted to cause serious bodily injury to [your wife] or caused serious bodily injury purposely or knowingly or under circumstances manifesting extreme indifference to the value of human life caused such serious bodily injury. Again, another second-degree crime that could carry the maximum ten years 85 percent without the benefit of this plea agreement.
Do you understand that charge?
A. Yes.
Q. Guilty or not guilty?
A. Guilty.
Q. Now, between those dates, September 29th of 2006 and October 3 of 2006, did you again burn your wife’s arm with the hot oven racks from the toaster oven? A. Yes.
Q. Same arm you burned on the prior occasion?
A. Yes.
Q. At that point your wife had to be hospitalized for skin graft to her arm. Is that correct?
A. Yes.
Q. You’re aware that that area never healed properly. Am I correct?
A. Yes.
Q. And that she, in fact, has serious permanent disfigurement to that arm?
A. Yes.

The trial court then turned to Count 22.

Q.

Free access — add to your briefcase to read the full text and ask questions with AI

Related

Jean Clau S. Wright v. New Jersey State Parole Board
New Jersey Superior Court App Division, 2026
S. L. v. T. B.
New Jersey Superior Court App Division, 2025
State of New Jersey v. S.B.
135 A.3d 997 (New Jersey Superior Court App Division, 2016)
In the Matter of Registrant A.D.
119 A.3d 241 (New Jersey Superior Court App Division, 2015)
State v. James J. Revie (072600)
104 A.3d 221 (Supreme Court of New Jersey, 2014)
Basim Hobson v. New Jersey State Parole Board
89 A.3d 208 (New Jersey Superior Court App Division, 2014)
Mahwah Realty Associates, Inc. v. Township of Mahwah
63 A.3d 1217 (New Jersey Superior Court App Division, 2013)

Cite This Page — Counsel Stack

Bluebook (online)
35 A.3d 1163, 209 N.J. 102, 2012 N.J. LEXIS 14, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-friedman-nj-2012.