On appeal from the Superior Court, Law Division, Passaic County.
Pressler, R.s. Cohen, and Kestin. The opinion of the court was delivered by Kestin, J.A.D.
Pursuant to a plea agreement, defendant pleaded guilty to burglary and contempt; a second contempt charge was dismissed. The agreement was predicated upon a five-year maximum sentence on the burglary and a concurrent sentence on the contempt. At the plea hearing defendant admitted to a January 1990 burglary at the home of his estranged wife and a May 1990 violation of a temporary restraint issued pursuant to the Prevention of Domestic Violence Act, N.J.S.A. 2C:25-1 et seq., under which defendant had been ordered to stay away from his wife. The plea agreement also provided that defendant was to have no contact with his wife or any of her relatives and, further, that, before his release from custody, defendant would submit to a psychiatric evaluation and would be subject to the issuance of a permanent restraining order.
Three sentencing proceedings were held on July 12, July 25, and September 13, 1991; and a different form of judgment of conviction was entered as a result of each. In each form, the basic sentence imposed was a five-year term of imprisonment for the third degree burglary conviction and a concurrent 18-month term for the fourth degree contempt. A VCCB penalty of $60 was also ordered.
The differences in the three forms of judgment bear upon the terms and conditions of the sentence. In the July 12 judgment of conviction the following provisions appeared as part of the Disposition of the burglary offense:
Conditions for release from custody: Defendant to have no victim contact and no contact with victim's mother. "Victim"; Carmen Beauchamp, victim's mother; Carmen Perez. Defendant not to come within five miles radius of the victim's house. [sic]
As a term of the contempt conviction, the sentencing Judge also provided that there was to be no child visitation until a court
hearing; that the Parole Board was required to advise the court, prosecutor and victim before defendant was reviewed for parole and before actual parole; and that the Department of Corrections was to receive a full transcript of the sentencing proceedings. The judgment further stated the following under the heading "Aggravating Factors":
Violated Restraining Order same day as ordered by Court. Nature and circumstances of the offense. Risk that defendant will commit another offense. Need for deterring defendant and others. Has violated 3 Restraining Orders.
No mitigating factors were found.
A further condition for release from custody in respect of the sentence for burglary was added in the ...