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. Miles

June 27, 2007

STATE OF NEW JERSEY, PLAINTIFF-RESPONDENT,
v.
ERIC S. MILES, DEFENDANT-APPELLANT.



On appeal from the Superior Court of New Jersey, Law Division, Criminal Part, Camden County, Indictment Nos. 2979-08-03 and 2300-06-02.

Per curiam.

RECORD IMPOUNDED

NOT FOR PUBLICATION WITHOUT THE APPROVAL OF THE APPELLATE DIVISION

Submitted May 31, 2007

Before Judges Wefing, Yannotti and Messano.

Defendant Eric S. Miles was charged by the Camden County grand jury in Indictment 2979-08-03 with two counts of second-degree sexual assault, in violation of N.J.S.A. 2C:14-2c(4). He was also charged in Indictment 2300-06-02 with seventeen offenses, including murder and second-degree possession of a firearm by someone not permitted to possess same, in violation of N.J.S.A. 2C:39-7b.

Based upon two prior convictions, defendant was eligible for an extended term of imprisonment as a persistent offender pursuant to N.J.S.A. 2C:44-3a. Defendant pled guilty to one count of second-degree sexual assault and was sentenced to ten years of imprisonment, with a five-year period of parole ineligibility. He pled guilty to the firearm charge and was sentenced to an extended term of twenty years of imprisonment, with a ten-year period of parole ineligibility, the sentence to run consecutively to that imposed on the sexual assault conviction. Various statutory penalties were imposed.

On appeal, defendant raises two points for our consideration.

POINT I

DEFENDANT PROVIDED AN INADEQUATE FACTUAL BASIS FOR HIS GUILTY PLEA TO SEXUAL ASSAULT.

POINT II

THE SENTENCES IMPOSED ARE MANIFESTLY EXCESSIVE.

After careful consideration of these contentions in light of the record and applicable legal standards, we affirm.

Defendant argues that his guilty plea to the sexual assault charge was fatally flawed because an essential element of the crime charged -- his age in relation to the age of the victim --was never adduced at the time he provided his factual basis to the judge. He argues his conviction on that charge, therefore, must be ...


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.