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In re State ex rel G.C.

April 11, 2003

STATE OF NEW JERSEY IN THE INTEREST OF G.C.


On appeal from the Superior Court of New Jersey, Chancery Division, Family Part, Middlesex County, FJ-0570-02.

Before Judges Newman, Carchman and Parrillo.

The opinion of the court was delivered by: Newman, J.A.D.

NOT FOR PUBLICATION WITHOUT THE APPROVAL OF THE APPELLATE DIVISION

Argued: March 19, 2003

On June 29, 2001, G.C., a juvenile, shot a paintball gun at J.H.'s vehicle. The pre-disposition report states that G.C.'s reason for doing so was that J.H. had used his dog and his brother to threaten G.C. on prior occasions. On August 1, 2001, J.H. filed a complaint against G.C. Pursuant to the complaint, G.C. was charged with criminal mischief in violation of N.J.S.A. 2C:17-3a under docket number FJ-0570-02. On September 13, 2001, under the same docket number, G.C. was also charged with unlawful possession of a weapon in violation of N.J.S.A. 2C:39-5 and possession of a weapon for an unlawful purpose in violation of N.J.S.A. 2C:39-4. On December 12, 2001, G.C. pled guilty to the charge of unlawful possession of a weapon in the fourth degree, N.J.S.A. 2C:39-5d. The other two charges against G.C. were dismissed.

The following colloquy took place between G.C. and his attorney during the taking of the plea.

Q So you understand that by working out a plea agreement with the State today that you're waiving, or agree to give up your right to have a trial. You understand that?

A Yes.

Q And is it correct that you wish to plead guilty to the count two, which is a fourth-degree possession of a weapon and the all the other charges are being dismissed?

A Yes.

Q Are you doing so voluntarily and waiving your right to trial by doing that?

A Yes.

Q Okay. [G.C.], ... on June 29th of this year were you ...


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