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State v. Knight

November 13, 2007

STATE OF NEW JERSEY, PLAINTIFF-RESPONDENT,
v.
ROBERT A. KNIGHT, DEFENDANT-APPELLANT.



On appeal from Superior Court of New Jersey, Law Division, Burlington County, Indictment No. 98-12-0869.

Per curiam.

RECORD IMPOUNDED

NOT FOR PUBLICATION WITHOUT THE APPROVAL OF THE APPELLATE DIVISION

Submitted September 26, 2007

Before Judges Cuff and Simonelli.

Defendant, Robert A. Knight, appeals from the March 7, 2006 order denying his petition for post-conviction relief (PCR). On this appeal, defendant raises the following argument:

POINT ONE

THE TRIAL COURT COMMITTED ERROR BY NOT GRANTING THE PETITIONER'S MOTION FOR POST CONVICTION RELIEF ON THE GROUNDS THAT HIS COUNSEL WAS INEFFECTIVE FOR NOT ADVISING HIM THAT HIS PLEA TO THE AGGRAVATED ASSAULT OFFENSE EXPOSED HIM TO BEING CIVILLY COMMITTED UNDER THE SEXUALLY VIOLENT PREDATOR ACT.

We affirm.

I.

Defendant sexually assaulted a twelve-year-old girl. A grand jury indicted him on five counts of aggravated sexual assault, contrary to N.J.S.A. 2C:14-2a(1) (counts one through five); sexual assault, contrary to N.J.S.A. 2C:14-2b (count six); endangering the welfare of a child, contrary to N.J.S.A. 2C:24-4a (count seven); contempt of a judicial order, contrary to N.J.S.A. 2C:29-9a (count eight); and tampering with a witness, contrary to N.J.S.A. 2C:28-5a(1)-(2) (count nine).

Defendant entered a retraxit plea of guilty to counts one and eight. In exchange for defendant's guilty plea, the State agreed to recommend a fifteen-year sentence in state prison on count one to run concurrent with an eighteen-month sentence on count eight, and dismiss the remaining counts and a contempt warrant.

With defendant present at the plea hearing before Judge Schlosser, the prosecutor stated defendant agreed to plead guilty to counts one and eight, had confessed to the sexual assault to authorities in Wisconsin where he was arrested, and there were numerous recordings of defendant admitting the crime. The prosecutor also stated:

Also part of this plea agreement, Judge, takes into consideration all aspects of Megan's Law [N.J.S.A. 2C:7-1 to -19] which [defendant] is subject to, those to include community supervision for life, DNA submission as well as community notification should a reviewing Court down the road determine that to be appropriate. He is also required to register as ...


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