State v. Munroe

45 A.3d 348, 210 N.J. 429, 2012 WL 2401097, 2012 N.J. LEXIS 680
CourtSupreme Court of New Jersey
DecidedJune 27, 2012
StatusPublished
Cited by50 cases

This text of 45 A.3d 348 (State v. Munroe) 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. Munroe, 45 A.3d 348, 210 N.J. 429, 2012 WL 2401097, 2012 N.J. LEXIS 680 (N.J. 2012).

Opinion

Justice ALBIN

delivered the opinion of the Court.

We must determine whether the trial court erred by not allowing defendant Leroy Munroe to withdraw his guilty plea before sentence. The ultimate issue is whether withdrawal of the guilty plea would have been in the interests of justice. See R. 3:9—3(e).

Defendant pled guilty to aggravated manslaughter, admitting at his plea hearing that he shot and killed Christian Natal. Shortly thereafter, defendant told the author of his presentence investigation report that he shot Natal because Natal attacked him with a knife. Before sentencing, defendant moved to withdraw his guilty plea, asserting that he acted in self-defense when he was backed up against a car by a knife-wielding Natal. The trial court did not accept defendant’s asserted justification for the use of deadly force and rejected his plea-withdrawal motion. The Appellate Division affirmed.

We now reverse, finding that defendant satisfied the necessary factors set forth in State v. Slater, 198 N.J. 145, 157-58, 966 A.2d 461 (2009), for withdrawal of a guilty plea at the presentence stage. In particular, we conclude that defendant articulated a colorable claim of innocence based on a plausible defense and that there would not have been undue delay or prejudice had the case proceeded to trial. The factual issues in dispute identified by the trial court should have been decided by a jury. Accordingly, we remand to give defendant the opportunity for a jury trial.

I.

A

In September 2005, defendant was charged in a Hudson County indictment with murder, N.J.S.A. 2C:11—3(a)(1) or (2); two counts of third-degree unlawful possession of a handgun, N.J.S.A. 2C:39-5(b); and two counts of second-degree possession of a handgun with the purpose to use it unlawfully against another, N.J.S.A. 2C:39-4(a).

[435]*435On March 1, 2007, defendant entered into a negotiated plea agreement with the State. Defendant agreed to plead guilty to a lesser-ineluded offense to murder—first-degree aggravated manslaughter, N.J.S.A. 2C:ll-4(a)(l)—in exchange for the State dismissing the murder count and other charges and capping the maximum sentence at twenty-years imprisonment, subject to the No Early Release Act (NERA), N.J.S.A. 2C:43-7.2. That day, defendant appeared before a Superior Court judge, and the terms of the plea were placed on the record. In accordance with Rule 3:9-2, the trial court questioned the twenty-one-year-old defendant, under oath, to ensure that he was entering the guilty plea voluntarily and with a full understanding of his rights.

As necessary under Rule 3:9-2, the court also directed that defendant give a factual basis to support his plea to aggravated manslaughter. Defendant then engaged in the following colloquy with his counsel:

[DEFENSE COUNSEL]: Leroy, on May 13th of 2005 in the City of Jersey City and particularly at Delaware and Duncan Avenue[s] did you have an altercation with a gentleman by the name of Christian Natal (phonetic)?
[DEFENDANT]: Yes.
[DEFENSE COUNSEL]: And as a result of that altercation—and when I say altercation I mean a verbal dispute. Did you guys have a bit of a verbal discussion, a verbal disagreement—
[DEFENDANT]: Yes.
[DEFENSE COUNSEL]:—on that day? And—and at some point on this day following the verbal altercation did you fire a handgun?
[DEFENDANT]: Yes.
[DEFENSE COUNSEL]: And as a result of firing that handgun did you shoot Christian Natal?
[DEFENDANT]: Yes.
[DEFENSE COUNSEL]: And later on was Christian pronounced dead by the EMS people?
[DEFENDANT]: Yes.
[DEFENSE COUNSEL]: And you knew that he was pronounced dead. Is that correct?
[DEFENDANT]: Yes.
[DEFENSE COUNSEL]: And when you discharged the weapon were you in close proximity to Christian?
[DEFENDANT]: Yes.
[436]*436[DEFENSE COUNSEL]: And did you fire the weapon in his direction?
[DEFENDANT]: Yes.

At that point, the prosecutor attempted to ask defendant a follow-up question, “I think that’s—you agree it’s circumstances manifesting—,” but instead defense counsel interjected', “Absolutely ... I would stipulate that it’s circumstances manifesting extreme indifference to human life. It was close range.” The court then indicated that it was satisfied that defendant had entered a knowing and voluntary guilty plea.1 The court scheduled sentencing for April 20, 2007.

B.

For the preparation of a presentence investigation report, a probation officer interviewed defendant sometime before April 18, 2007.2 During the interview, defendant gave the following account, as described in the presentence report. Before May 13, 2005, defendant and his friends were selling “weed” from the corner of Delaware and Duncan Avenues in Jersey City. Natal and his friends robbed defendant and his cohorts of “their drug money and cell phones.” Defendant explained that he was robbed more than once by Natal. Because of the robberies and because he “felt his life was threatened by [Natal],” defendant armed himself with a gun. On the day in question, at the above street corner, defendant was talking to Natal when Natal “pulled out a knife on him.” Defendant, who had a gun in his jacket pocket, backed up [437]*437while Natal was swinging the knife at him. At a point when defendant was leaning on a ear, he shot Natal in the stomach, purportedly, in “self defense.” Defendant then fled the scene.

Nothing in the presentence report, which also gave the State’s version of events, directly contradicted defendant’s account. Indeed, at the scene, the police turned over Natal’s body, lying face down on the pavement, and found a box cutter in his hand.

C.

On sentencing day, October 5, 2007, defendant appeared in court represented by a new attorney.3 Before sentencing, counsel advised the court that defendant wanted to withdraw his guilty plea because of “certain misrepresentations made by” his former attorney and because he believed “he had a viable affirmative defense of self-defense.”4

The court reviewed the plea transcript with defendant, and stated, ‘You had a firearm, he didn’t have a firearm.” Defendant replied, “He had a knife.” The court then placed defendant under oath and engaged in a lengthy colloquy with him.

Defendant generally explained that Natal came at him “real close” with a knife in his hand, that as he backed up he had no line of retreat because he was “in between cars,” and that he then pulled a gun from his pocket. This exchange followed:

THE COURT: So you—rather than run away, move away, do anything else you pull out a gun and shot?
[DEFENDANT]: We was in—we was in between the cars.

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Bluebook (online)
45 A.3d 348, 210 N.J. 429, 2012 WL 2401097, 2012 N.J. LEXIS 680, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-munroe-nj-2012.