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State v. Womack

Decided: December 26, 1985.

STATE OF NEW JERSEY, PLAINTIFF-RESPONDENT,
v.
WILLIAM WOMACK, DEFENDANT-APPELLANT



On appeal from the Superior Court of New Jersey, Law Division, Hudson County.

Michels, Deighan and Stern. The opinion of the court was delivered by Stern, J.s.c., temporarily assigned.

Stern

This appeal challenges the validity of a parole ineligibility term embodied in the judgment of conviction but not expressly imposed at the time of sentencing.

On April 23, 1984 defendant entered a negotiated guilty plea to first degree robbery. After some initial confusion as to the terms of the plea agreement,*fn1 the recommendation was clarified.

Defendant entered a plea to first degree robbery conditioned upon a maximum sentence of 10 years and a maximum of five years before parole eligibility. R. 3:9-3. At the time of the plea, the following was developed, pursuant to R. 3:9-2, in support of a voluntary, knowing, intelligent plea.

THE COURT: Do you understand, that if you were convicted by a jury of all these charges, some of them might merge such that the total punishment might be no more than 20 years in State's Prison and 10 years without parole.

Do you understand that?

THE DEFENDANT: Yes, sir.

THE COURT: Do you understand, that under the terms of this plea bargain, what the prosecutor is saying is, that all of the charges will be dismissed except for the armed robbery. And that any punishment would be limited to a maximum of 10 years and would be concurrent to any violation of parole.

Do you understand that?

THE DEFENDANT: Yes, sir.

THE COURT: You also understand, that under the terms of that plea bargain, although the Court does not have to, you could be ordered to serve ...


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