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State v. Macalpin

Decided: March 4, 1988.

STATE OF NEW JERSEY, PLAINTIFF-RESPONDENT,
v.
ROBERT MACALPIN, DEFENDANT-APPELLANT



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

Havey and Stern.

Per Curiam

On April 7, 1986, defendant pled guilty to Count I of an accusation charging him with sexual assault, N.J.S.A. 2C:14-2b, in exchange for a recommendation which included dismissal of Count II charging aggravated sexual assault, N.J.S.A. 2C:14-2a. According to the prosecutor, the plea recommendation was as follows:

The terms of the plea agreement, the Defendant agrees to retract this not guilty plea and plead guilty to Count One of the Accusation for which he is to be sentenced as a crime of the third degree.

After sentencing, the State will move to dismiss Count Two of the Accusation.

The State's recommendation is that a custodial sentence, if any imposed, is not to exceed five years. Presumption of imprisonment does apply in this case; however, the State has no objection to a sentence being served at Essex County Jail for a period of 364 days.

As one of the conditions of probation in this case, after the service of a jail term, the Defendant agrees to receive psychiatric counseling and State reserves the right to be heard at the time of sentencing.

During the plea colloquy, the following was stated:

THE COURT: Now, do you understand pleading guilty to this particular crime, you could be sent to jail for a period of time up to 10,000 -- 10 years or $100,000 fine and other penalties could be imposed upon you?

THE DEFENDANT: Yes, your Honor.

THE COURT: And do you understand also there could be a parole ineligibility period; therefore, five years as I explained it to you before?

THE DEFENDANT: Yes, sir.

THE COURT: You would not be eligible for parole. There is a recommendation through the Prosecutor's Office of Essex ...


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