On appeal from the Superior Court of New Jersey, Law Division, Hudson County.
Michels, Long and Muir, Jr. The opinion of the court was delivered by Michels, P.J.A.D.
Defendant Thomas Cacamis appeals from an order of the Law Division that denied his petition for post-conviction relief.
In September 1986, following plea negotiations, defendant pleaded guilty to possession, with intent to distribute, of over one ounce of cocaine, of which 3.5 grams was a pure free-base narcotic drug, in violation of N.J.S.A. 24:21-19a(1) and N.J.S.A. 24:21-19b(2).*fn1 The State in return recommended that any custodial sentence imposed not exceed 25 years and that no parole ineligibility term be imposed. In addition, the State recommended that other criminal charges contained in the indictment
be dismissed. Defendant agreed to withdraw any opposition to a forfeiture proceeding instituted with respect to certain cash seized from his safe deposit box and an automobile seized at the time of his arrest. In October 1986, in accordance with the plea agreement, defendant was committed to the custody of the Commissioner of the Department of Corrections for a period of 25 years and assessed a penalty of $30, payable to the Violent Crimes Compensation Board. The trial court did not impose a period of parole ineligibility in connection with the sentence and dismissed the remaining counts of the indictment.
Defendant appealed, contending that the sentence was manifestly excessive and unduly punitive. While the appeal was pending, defendant moved for reconsideration of his sentence pursuant to R. 3:21-10. In January 1987, the trial court denied the motion for reconsideration. In June 1987, we heard and considered defendant's appeal on the excessive sentence oral argument calendar and affirmed the sentence in an unpublished order in State v. Cacamis, A-1113-86T4.
In September 1987, defendant filed a petition for post-conviction relief, contending generally that there was an insufficient factual basis for his guilty plea to possession of cocaine with intent to distribute and that he was denied his Sixth and Fourteenth Amendment rights by the representations made to him during the plea negotiations that he faced 25 years in prison without parole. In November 1987, Judge Thuring in the Law Division denied the petition and this appeal followed.
Defendant now seeks a reversal of the order denying his petition for post-conviction relief, a reversal of his conviction and a remand for a new trial on the following grounds set forth in his brief:
I. THE TRIAL COURT ERRED WHEN IT DECIDED THAT A SUFFICIENT FACTUAL BASIS WAS GIVEN BY APPELLANT TO SUPPORT A GUILTY FINDING OF POSSESSION OF COCAINE WITH INTENT TO DISTRIBUTE.
II. THE TRIAL COURT ERRED WHEN IT DECIDED THAT THE STATE DID NOT VIOLATE THE APPELLANT'S UNITED STATES CONSTITUTIONAL
RIGHTS UNDER THE SIXTH AND FOURTEENTH AMENDMENTS AND THE CONSTITUTION OF THE STATE OF NEW JERSEY BY REPRESENTING DURING PLEA BARGAIN NEGOTIATIONS THAT THE APPELLANT FACED A TWENTY-FIVE (25) YEAR PAROLE DISQUALIFIER IF HE REFUSED SAID PLEA BARGAIN OFFER AND WAS CONVICTED BY A JURY OF VIOLATING THE PROVISIONS OF N.J.S.A. 24:21-19a(1), ...