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- njcourts.gov… petition and his motion for leave to withdraw his guilty pleas – applications that were filed five years and seven … misadvised about the deportation consequences of his guilty pleas. We remand for an evidentiary hearing. Defendant was … dangerous substance (CDS) offenses. By way of a negotiated plea agreement, defendant pleaded guilty in January 2013 to …
- STATE OF NEW JERSEY VS. LUDJI G. DESROCHES (10-07-1361, MONMOUTH COUNTY AND STATEWIDE) - Unpublished Opinionsnjcourts.gov… the case. Defendant then provided a factual basis for the plea, confirming the knowing and voluntary nature of the plea. Defendant also answered a series of questions confirming he understood his plea may result in his deportation. Although defendant …
- STATE OF NEW JERSEY VS. ELIZABETH SILVA (16-005, MONMOUTH COUNTY AND STATEWIDE) - Unpublished Opinionsnjcourts.gov… Elizabeth M. Silva appeals from her conviction after pleading guilty to refusal to submit to a breath test. On … 23, 2017 2 A-4540-15T3 appeal, Silva argues that the plea colloquy did not satisfy the elements of the offense based upon her testimony, the plea proceeding was improper, and the court erroneously …
- A-4322-18T1 Opinionnjcourts.gov… a child in violation of N.J.S.A. 9:6-3. At the time of the plea hearing, defendant was thirty-two years old. He used … defendant acknowledged he understood his rights, was pleading guilty voluntarily and without any threats, … and had truthfully answered all of the questions on the plea form. Question seventeen asked whether defendant …
- A-4168-18T1 Opinionnjcourts.gov… petition and his motion for leave to withdraw his guilty pleas – applications that were filed five years and seven … misadvised about the deportation consequences of his guilty pleas. We remand for an evidentiary hearing. Defendant was … dangerous substance (CDS) offenses. By way of a negotiated plea agreement, defendant pleaded guilty in January 2013 to …
- A-3094-16T2 Opinionnjcourts.gov… the case. Defendant then provided a factual basis for the plea, confirming the knowing and voluntary nature of the plea. Defendant also answered a series of questions confirming he understood his plea may result in his deportation. Although defendant …
- A-4540-15T3 Opinionnjcourts.gov… Elizabeth M. Silva appeals from her conviction after pleading guilty to refusal to submit to a breath test. On … 23, 2017 2 A-4540-15T3 appeal, Silva argues that the plea colloquy did not satisfy the elements of the offense based upon her testimony, the plea proceeding was improper, and the court erroneously …
- njcourts.gov… had digitally penetrated the victim’s vagina. Pursuant to a plea agreement that the prosecutor offered in accordance … defendant’s motion. There was no discussion at defendant’s plea hearing or sentencing hearing as to why the “interests … JLA’s mandatory twenty-five-year term. Consistent with the plea agreement, the court imposed a term of twenty years’ …
- A-28-18 Opinionnjcourts.gov… had digitally penetrated the victim’s vagina. Pursuant to a plea agreement that the prosecutor offered in accordance … defendant’s motion. There was no discussion at defendant’s plea hearing or sentencing hearing as to why the “interests … JLA’s mandatory twenty-five-year term. Consistent with the plea agreement, the court imposed a term of twenty years’ …
- njcourts.gov… vehicle to Connecticut where he was apprehended. Defendant pleaded guilty under indictment 11-02-0208 to first-degree … assault, N.J.S.A. 2C:12-1(b)(4). The same day, he pleaded guilty under indictment 11-02-0225 to second-degree … violated when the court did not enforce the State's initial plea offer of fifteen years of incarceration because he …
- A-0402-19T3 Opinionnjcourts.gov… vehicle to Connecticut where he was apprehended. Defendant pleaded guilty under indictment 11-02-0208 to first-degree … assault, N.J.S.A. 2C:12-1(b)(4). The same day, he pleaded guilty under indictment 11-02-0225 to second-degree … violated when the court did not enforce the State's initial plea offer of fifteen years of incarceration because he …
- njcourts.gov… Defense counsel advised the court that defendant would plead guilty to second offense DWI, admitting defendant's … worksheet and defendant's driving abstract. The following plea colloquy occurred: THE COURT: Sir, I understand you've agreed to plead guilty to the charge of driving while intoxicated? …
- njcourts.gov… Defense counsel advised the court that defendant would plead guilty to second offense DWI, admitting defendant's … worksheet and defendant's driving abstract. The following plea colloquy occurred: THE COURT: Sir, I understand you've agreed to plead guilty to the charge of driving while intoxicated? …
- STATE OF NEW JERSEY VS. JEROME FARNVILLE (06-08-0789, CUMBERLAND COUNTY AND STATEWIDE) - Unpublished Opinionsnjcourts.gov… memorandum prepared by an assistant prosecutor regarding a plea agreement with a co-defendant, and to dismiss his … charged in count ten of the 4 A-4917-16T4 indictment. The plea agreement stated that Clark would “provide truthful … April 15, 2011, the court entered an order vacating Clark’s plea agreement. Clark then pled guilty to conspiracy to …
- A-4917-16T4 Opinionnjcourts.gov… memorandum prepared by an assistant prosecutor regarding a plea agreement with a co-defendant, and to dismiss his … charged in count ten of the 4 A-4917-16T4 indictment. The plea agreement stated that Clark would “provide truthful … April 15, 2011, the court entered an order vacating Clark’s plea agreement. Clark then pled guilty to conspiracy to …
- njcourts.gov… appeals the denial of his motion to withdraw his guilty plea to third-degree endangering the welfare of a child, … PLAIN ERROR BY DENYING THE MOTION TO WITHDRAW THE GUILTY PLEA BECAUSE THE FACTUAL BASIS WAS INADEQUATE AS A MATTER OF … AND N.J.S.A. 2C:14-2 [ ]. We affirm because the plea record reflects defendant gave an adequate factual …
- njcourts.gov… hearing. In June 2014, defendant entered into a negotiated plea agreement to resolve three separate criminal cases. He … defendant filed a PCR petition seeking to withdraw his plea and alleging his counsel was constitutionally … counsel failed to fully explain the consequences of his plea to endangering the welfare of a child, contending he …
- A-2744-16T1 Opinionnjcourts.gov… hearing. In June 2014, defendant entered into a negotiated plea agreement to resolve three separate criminal cases. He … defendant filed a PCR petition seeking to withdraw his plea and alleging his counsel was constitutionally … counsel failed to fully explain the consequences of his plea to endangering the welfare of a child, contending he …
- A-1056-19 Opinionnjcourts.gov… appeals the denial of his motion to withdraw his guilty plea to third-degree endangering the welfare of a child, … PLAIN ERROR BY DENYING THE MOTION TO WITHDRAW THE GUILTY PLEA BECAUSE THE FACTUAL BASIS WAS INADEQUATE AS A MATTER OF … AND N.J.S.A. 2C:14-2 [ ]. We affirm because the plea record reflects defendant gave an adequate factual …
- njcourts.gov… COURT ERRED WHEN IT FAILED TO CONCLUDE THAT AS A RESULT OF PLEA COUNSEL'S INCORRECT ADVICE TO DEFENDANT THAT HE WOULD … GAP-TIME CREDIT, DEFENDANT ENTERED AN INVOLUNTARY GUILTY PLEA, WITHOUT A FULL UNDERSTANDING OF ITS CONSEQUENCES, … On April 5, 2013, defendant entered a negotiated guilty plea to five of the fourteen charges contained in the …