State v. Isiah T. McNeal (081112) (Cape May County and Statewide)

206 A.3d 382, 237 N.J. 494
CourtSupreme Court of New Jersey
DecidedMay 2, 2019
DocketA-14-18
StatusPublished
Cited by9 cases

This text of 206 A.3d 382 (State v. Isiah T. McNeal (081112) (Cape May County and Statewide)) 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. Isiah T. McNeal (081112) (Cape May County and Statewide), 206 A.3d 382, 237 N.J. 494 (N.J. 2019).

Opinion

PER CURIAM

**496 Defendant Isiah T. McNeal entered into a plea agreement as a global resolution of the numerous indictments returned against him. To dispense with an indictment for attempted murder, defendant agreed to plead guilty to second-degree aggravated assault, contrary to N.J.S.A. 2C:12-1(b)(1). To dispose of four other indictments, he agreed to plead guilty to third-degree theft by unlawful taking, contrary to N.J.S.A. 2C:20-3(a) ; third-degree conspiracy to **497 manufacture or distribute a controlled dangerous substance, contrary to N.J.S.A. 2C:35-5(a)(1) ; fourth-degree throwing bodily fluids at law enforcement officers, contrary to N.J.S.A. 2C:12-13 ; and fourth-degree riot, contrary to N.J.S.A. 2C:33-1(a). The plea agreement provided defendant would be sentenced to an eight-year term of imprisonment subject to the No Early Release Act's eighty-five percent parole disqualifier, N.J.S.A. 2C:43-7.2, for the aggravated assault charge, and a concurrent thirteen-year flat term of imprisonment for the other four charges.

At the first plea hearing, defendant repudiated the agreement, because of an apparent misunderstanding about how the *384 concurrent thirteen-year sentence would affect his period of parole ineligibility. The record shows defendant thought the thirteen-year sentence would "override" the eight-year sentence and, ostensibly, that he would not be subject to the parole disqualifier.

Two days after abandoning the plea agreement, defendant entered into a new plea agreement that was identical to the first, save for a two-year increase in his sentence on the aggravated assault charge. At this second plea hearing, defense counsel informed the court "that there was a number given to Mr. McNeal specifically that he would be entitled to 2438 days' jail credit." Defense counsel further stated that it had been represented to him and defendant that defendant would be entitled to the 2438 days of jail credit.

The State responded that, while defendant was entitled to whatever jail credit the law provided, it did not make sense that he would get credit for six years when he had been held in jail for less than three years. The State opined that the number given to defendant may have been a miscalculation, and said it would not agree that defendant would receive that amount of credit. The State also noted that it believed defendant would have to serve the entire period of parole ineligibility. As the following excerpts show, the court then thoroughly discussed the issue with defendant, who affirmed that he was not entering the plea agreement **498 assuming the 2438 days of jail credit would be applied to the period of parole ineligibility:

The Court: So I cannot represent to you right now whether the jail credit, which is the jail credit that will -- that has been provided to me is that 2,438. I cannot represent to you how that will affect you on this sentence and, in particular, the parole ineligibility. Do you understand that?
Defendant: Yeah.
The Court: You understand in other words that you're entering into this plea negotiation -- if I accept it -- understanding that nobody's making you any promises other than the fact that that is your jail credit. Even -- it's going to actually be more by the time your sentence -- your sentence it [sic] put through.
Defendant: Yes, I understand that.
The Court: Okay. So ... any plea ... negotiations that you're entering into should not be entered into by you thinking that 2,438 days comes out to 6 years and you're -- that's all going to go towards your parole ineligibility. It may; I just can't represent it to you, and I don't want you to accept this plea thinking that anybody is telling you that it is going to be applied to your parole ineligibility. Do you understand that?
Defendant: Yes.
....
The Court: Okay. So again, Mr. McNeal, you're entering into this guilty plea and you understand that there's no representation made as to how those credits would be applied in particular to your sentence and/or to your parole ineligibility; is that correct?
Defendant: Yes.

Defendant's plea was accepted, and at sentencing the presentence report listed the accrued jail credit for each of the final charges separately, amounting to a total of 4727 days. Defendant argued that all of the credit should be applied to the aggravated assault charge even though he had accrued only 1012 days on that charge according to the presentence report. The court applied 3715 days of jail-time credit to the thirteen-year flat sentence, and 1012 days of credit to the ten-year aggravated assault charge. Defendant did not object.

*385 Defendant appealed, alleging the amount of jail credit he was told he would receive was misrepresented and he should be permitted to move to withdraw his guilty plea. The Appellate Division rejected defendant's argument stating, "While misrepresentations regarding jail credit may upend a ... plea, a review of **499 the record in its entirety contradicts defendant's claim." We granted defendant's petition for certification, 235 N.J. 450 , 196 A.3d 962 (2018), and now affirm.

II.

"A defendant has the right not to be 'misinformed' about a material element of a plea agreement and to have his or her 'reasonable expectations' fulfilled." State v. Bellamy , 178 N.J. 127 , 134, 835 A.2d 1231 (2003) (citing State v. Howard , 110 N.J. 113 , 122, 539 A.2d 1203 (1988) ; State v. Nichols , 71 N.J. 358 , 361, 365 A.2d 467 (1976) ).

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Bluebook (online)
206 A.3d 382, 237 N.J. 494, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-isiah-t-mcneal-081112-cape-may-county-and-statewide-nj-2019.