State v. Means

926 A.2d 328, 191 N.J. 610, 2007 N.J. LEXIS 720
CourtSupreme Court of New Jersey
DecidedJuly 11, 2007
StatusPublished
Cited by25 cases

This text of 926 A.2d 328 (State v. Means) 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. Means, 926 A.2d 328, 191 N.J. 610, 2007 N.J. LEXIS 720 (N.J. 2007).

Opinions

Justice WALLACE, JR.

delivered the opinion of the Court.

A plea agreement between defendant Raheem Means and the State was set aside after the prosecutor notified the court that the victims had not been informed of the plea agreement. Thereafter, defendant entered into a second plea agreement with the State that was not as favorable as the initial agreement. Defendant [613]*613appealed and the Appellate Division affirmed. This appeal addresses the issue of whether a trial court may set aside a plea agreement solely because the prosecutor failed to give notice to the victims prior to entering into the plea agreement. We conclude that it was error to grant the State’s motion to set aside the plea agreement and we now reverse.

I.

We relate the facts and procedural history from the record below. In August 2001, defendant escaped from a halfway house in Newark. Subsequently, around midnight on August 12, 2001, I.P., a thirteen-year-old girl, ran away from her grandmother’s home. At some point, I.P. saw defendant in a park. Defendant, who was then twenty-three years of age, knew I.P. and talked to her. When she told defendant she had run away, defendant tried to convince her to return home. I.P. refused because she feared the police were at her house. Defendant then suggested that they go to a motel, and I.P. agreed. The two then went to a motel in Irvington where defendant and I.P. engaged in consensual sex.

I.P. returned home in the morning and revealed her encounter with defendant. I.P. was then taken to Beth Israel Hospital for evaluation. She also gave a statement to the police outlining what transpired with defendant. The police apprehended defendant on December 31, 2001. On April 30, 2002, the Essex County Grand Jury indicted defendant for second-degree kidnapping, N.J.S.A. 2C:13-lb(l); second-degree sexual assault, N.J.S.A. 2C:14-2e(4); and third-degree endangering the welfare of a child, N.J.S.A 2C:24^4a (first indictment). At some point, I.P.’s father indicated to the authorities that he wanted to be present at sentencing.

A second group of charges against defendant arose from his conduct at a New Year’s Eve party in Montclair on December 31, 2001. Defendant and Cedric Lewis entered the apartment where the party was held. Holding a handgun in his hand, defendant ordered eight people to line up against the wall and instructed Lewis to remove any valuables from the victims. Defendant then [614]*614forced the victims to disrobe to ensure that no one had a weapon. Defendant was apprehended as he attempted to leave the building. A search of defendant revealed an unlicensed handgun and five live rounds of ammunition. A search of Lewis revealed $825 in cash.

On May 10, 2002, defendant was indicted for second-degree conspiracy to commit robbery, N.J.S.A. 2C:5-2 and N.J.S.A. 2C:15 — 1; second-degree burglary, N.J.S.A. 2C:18-2; five counts of first-degree robbery, N.J.S.A. 2C:15-1; third-degree aggravated assault, N.J.S.A. 2C:12-lb(2); fourth-degree aggravated assault, N.J.S.A. 2C:12-lb(4); third-degree possession of a handgun without a permit, N.J.S.A. 2C:39-5b; second-degree possession of a weapon for an unlawful purpose, N.J.S.A. 2C:39-4a; and fourth-degree possession of hollow point bullets, N.J.S.A. 2C:39-3f(l) (second indictment). In a separate indictment, also issued on May 10, 2002, defendant was charged with second-degree possession of a weapon by a convicted felon, N.J.S.A. 2C:39-7b (third indictment).

On August 16, 2002, an assistant prosecutor tendered a plea offer to defendant. The offer provided that defendant would plead guilty to the following charges in the first and second indictments: third-degree child endangerment, five counts of first-degree robbery, third-degree possession of a weapon without a license, and second-degree possession of a weapon for an unlawful purpose. The plea was made in exchange for a recommended sentence of thirteen years with eighty-five percent parole ineligibility to run concurrent to the sentence then being served. The prosecutor further agreed to recommend for dismissal the remaining charges in those two indictments. There was no reference to the third indictment that contained the sole charge of possession of a weapon by a felon.

After explaining the essential terms of the plea agreement, the trial court indicated to defendant at the plea hearing that it would impose a sentence of ten years with eighty-five percent parole ineligibility and not the thirteen-year sentence in the agreement. [615]*615Defendant was subsequently sworn in and gave a factual basis for his guilty pleas. The trial court explained that if, after reviewing the pre-sentence report, he concluded that a ten-year sentence was not appropriate, defendant would then have the right to withdraw his guilty pleas. The trial court ultimately accepted defendant’s pleas, executed the supplemental plea form confirming that the court had represented to defendant that it would impose a ten-year sentence, and scheduled sentencing for October 18, 2002.

The sentencing hearing was continued to November 16, 2002. At that time, a supervisor in the Prosecutor’s Office sought to vacate defendant’s pleas because the plea offer had been made to defendant without consulting the victims. The State’s motion was oral, and no brief or certification was filed in support of the motion. The trial court granted the motion and vacated the pleas.

Almost six months later, before a different trial judge, defendant entered into a second plea agreement. Defendant agreed to plead guilty to the same number of charges, but not all of the individual charges were the same as in the first plea agreement. The prosecutor agreed to recommend a fifteen-year sentence with eighty-five percent parole ineligibility and to dismiss the remaining counts in the two indictments and the single charge in the third indictment. Defendant again gave a factual statement and the court accepted the plea. Defendant subsequently sought to withdraw his plea, but that motion was denied. On February 5, 2004, the trial court sentenced defendant to a concurrent term of fifteen years with eighty-five percent parole ineligibility. Thus, defendant actually received a custodial sentence five years greater than he would have under the first plea agreement.

Defendant appealed. After transcripts of the hearing on the State’s motion to vacate the plea agreement could not be found, defendant sought a limited remand for the trial court to reconstruct the record. The Appellate Division granted the motion. On May 18, 2005, the first trial court wrote to the Appellate Division explaining that:

[616]*616On November 16, 2002[,] Eileen Cosgrove, Esq.[,] who was a supervisor in the Prosecutor’s Office, requested that the plea offer be withdrawn before sentencing. The basis of her request was that [the assistant prosecutor] had made his offer without talking to the victims (or in the case of endangering the welfare of a child, speaking with the victim’s father). She indicated that the Prosecutor’s Office required prior consultation with the victims. [The assistant prosecutor] confirmed, for the first time, that this had not been done in this case.
Since the plea offer had been made without consulting with the victims, and since [defendant] had not yet been sentenced, I signed an order vacating the pleas and reinstating the not guilty pleas.

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Bluebook (online)
926 A.2d 328, 191 N.J. 610, 2007 N.J. LEXIS 720, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-means-nj-2007.