Searching over 5,500,000 cases.


searching
Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.

State v. Francis

June 5, 2007

STATE OF NEW JERSEY, PLAINTIFF-RESPONDENT,
v.
PATRICK H. FRANCIS,*FN1 DEFENDANT-APPELLANT.



On appeal from the Superior Court of New Jersey, Law Division, Passaic County, Indictment No. 98-02-0191.

Per curiam.

NOT FOR PUBLICATION WITHOUT THE APPROVAL OF THE APPELLATE DIVISION

Submitted: May 16, 2007

Before Judges Cuff and Winkelstein.

Defendant Patrick H. Francis entered guilty pleas to second degree aggravated assault, unlawful taking of means of conveyance and third degree unlawful possession of a weapon in 1998. He was sentenced to an eight-year NERA*fn2 term subject to a three-year period of parole supervision following completion of his base term. Defendant appeals from the July 13, 2005 order denying his petition for post-conviction relief in which he sought to withdraw his guilty pleas. Following an evidentiary hearing, the judge found that defendant was fully informed of the penal consequences of his plea. Nevertheless, he eliminated the NERA parole supervision term. Having concluded that the elimination of the parole supervision term created an illegal sentence, we remand for reconsideration.

On appeal, defendant raises the following arguments:

POINT I

THE DEFENDANT'S PETITION FOR POST- CONVICTION RELIEF SHOULD BE GRANTED

POINT II

THE COURT SHOULD SET ASIDE THE DEFENDANT'S PLEA AGREEMENT IN LIGHT OF THE FACT THAT THE DEFENDANT WAS NEVER MADE AWARE OF THE FULL CONSEQUENCE OF THAT AGREEMENT

POINT III

THE DEFENDANT WAS DENIED HIS BASIC CONSTITUTIONAL RIGHT TO EFFECTIVE COUNSEL.

POINT IV

THE PRESIDING JUDGE COMMITTED REVERSIBLE ERROR WHEN HE ORDERED THAT THE JUDGMENT OF CONVICTION DATED FEBRUARY 28, 2002 BE VACATED AND THE JUDGMENT OF ...


Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.