State v. Williams

775 A.2d 727, 342 N.J. Super. 83
CourtNew Jersey Superior Court Appellate Division
DecidedJuly 6, 2001
StatusPublished
Cited by9 cases

This text of 775 A.2d 727 (State v. Williams) is published on Counsel Stack Legal Research, covering New Jersey Superior Court Appellate Division primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
State v. Williams, 775 A.2d 727, 342 N.J. Super. 83 (N.J. Ct. App. 2001).

Opinion

775 A.2d 727 (2001)
342 N.J. Super. 83

STATE of New Jersey, Plaintiff-Appellant,
v.
Donnell WILLIAMS, Defendant-Respondent.

Superior Court of New Jersey, Appellate Division.

Submitted June 4, 2001.
Decided July 6, 2001.

*728 Robert D. Bernardi, Burlington County Prosecutor, for appellant (Deborah A. Siegrist, Assistant Prosecutor, of counsel and on the brief).

Peter A. Garcia, Acting Public Defender, for respondent (Mark H. Friedman, Assistant Deputy Public Defender, of counsel and on the brief).

Before Judges WEFING, CUFF and LISA.

The opinion of the court was delivered by LISA, J.A.D.

By leave granted, the State appeals from an order permitting defendant to withdraw his guilty plea and vacating his conviction of endangering the welfare of a child, a third-degree crime, in violation of N.J.S.A. 2C:24-4a. Because the endangering was by sexual conduct, defendant is subject to the provisions of Megan's Law, requiring registration as a sex offender, N.J.S.A. 2C:7-2, and imposition of community supervision for life.[1]N.J.S.A. 2C:43-6.4. Defendant was granted leave to withdraw his plea because of his assertion that he did not fully understand the consequences of community supervision for life. The State argues that defendant should not have been permitted to withdraw his plea because it was knowing, intelligent and voluntary, because no manifest injustice has been shown, and because defendant did not show he was misinformed or that the sentence violated his reasonable expectations. We agree and reverse.

On July 22, 1997, defendant pled guilty to the endangering charge which is the subject of this appeal, and to unrelated motor vehicle theft and residential burglary *729 charges under two separate accusations. At the time of his plea, defendant was twenty-three years old and represented by counsel. He had completed twelfth grade and could read and write. The endangering charge arose out of sexual improprieties with a fourteen-year-old girl. The indictment contained two additional counts arising out of the same incident: second-degree sexual assault by committing an act of sexual penetration (N.J.S.A. 2C:14-2c(5))[2] and fourth-degree criminal sexual contact (N.J.S.A. 2C:14-3b). Pursuant to a plea agreement, these two counts (as well as other unrelated property offenses) were dismissed at sentencing.

The plea agreement was effectuated by completion of the basic three page plea form and the two page standard supplemental form entitled "Additional Questions for Certain Sexual Offenses." At the plea hearing, defense counsel stated that "[w]e did go over the plea forms that are provided for certain sexual offenses under Megan's Law. I did indicate to him the offenses that are applicable." The judge then engaged in the following colloquy with defendant:

Q. I have before me the plea form, as well as the supplemental form concerning the Megan's Law, the sexual offenses. Is this your signature and initials?

A. Yes, they are.

Q. Before you signed or initialed these, did you read everything?

A. Yes, I did.
Q. Did you go over everything with your attorney?
Q. He explain everything to you?
A. Yes, he did.
Q. You understand it all?
A. Yes, I do.
Q. Are your answers truthful?
Q. And did you sign this and initial it voluntarily?
A. Yes, I have.
Q. You've been represented by counsel?

Q. Has Mr. Ackerman answered all the questions you have in regard to these matters?

A. Yes, he has.

Q. Are you satisfied he spent a sufficient amount of time to go over every offense with you?

A. Yes, I am.

Q. Did he explain to you the elements of the offense, the possible defenses, the weaknesses of your case, the strengths of your case, the advantages and disadvantages of the plea bargain?

Q. Are you satisfied he spent a sufficient amount of time to review and go over and explore any avenue of defense that you thought was appropriate?

A. Yes.
Q. Under all of the circumstances, you think he did a good job for you?
Q. Are you satisfied with his representation?

In accepting the plea, the judge found it was made voluntarily and that defendant understood the nature of the charge and the consequences of his plea.

The plea agreement recommended a probationary sentence with a condition of *730 county jail concurrent on all charges, which was imposed by a different judge on October 31, 1997. At the sentencing proceeding, the judge expressly advised defendant: "[y]ou are subject to the conditions of community supervision for life ... and you will have to register with the appropriate authorities." Further, the judgment of conviction stated that defendant "is subject to Registration and Notification pursuant to 2C:7-1 et seq. and Community Supervision for Life pursuant to 2C:43-6.4."

On October 5, 1999, defendant signed and acknowledged receipt of a copy of the terms and conditions of community supervision for life. Between February and October 2000, two indictments were returned and three additional complaints were issued, charging defendant with failure to register and violations of the terms of community supervision for life.

On December 5, 2000, defendant moved for leave to vacate his plea, which was heard by a third judge. Over the State's objection, the motion judge granted the motion. Since he was not involved in defendant's plea or sentence, he relied upon the record of preceding events and found:

[M]r. Williams did plead and was sentenced and did receive a community supervision for life obligation. The form currently in use was provided to him sometime subsequent to his having pled and been sentenced. The form itself is dated October 5, 1999, quite awhile after the 1997 Court events where he gave his plea to [the plea judge] and was sentenced by [the sentencing judge]. And it's clear to me from a review of the transcript that the specific conditions of community supervision for life were not made known to Mr. Williams through no fault of anyone. It just was the then state of the law, so to speak. The form has now helped.

The judge further accepted defense counsel's certification and representations that had defendant known the specific conditions of community supervision for life and the consequences of violation (prosecution for a fourth-degree crime) he would not have pled guilty to this count; instead he would have either gone to trial on all counts or attempted to plead only to the fourth-degree criminal sexual contact, which is not subject to Megan's Law. Relying on State v. Horton, 331 N.J.Super. 92, 751 A.2d 141 (App.Div.2000), the judge allowed defendant to withdraw his plea.

Among the requirements for the validity of a guilty plea is that the plea is given with sufficient understanding of the nature of the charge and the consequences flowing from it. State v. Barboza, 115 N.J. 415, 420-21, 558 A.2d 1303 (1989). Provision is made in our court Rules to procedurally assure this safeguard. Rule

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Bluebook (online)
775 A.2d 727, 342 N.J. Super. 83, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-williams-njsuperctappdiv-2001.