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State v. Smith

January 10, 2008

STATE OF NEW JERSEY, PLAINTIFF-RESPONDENT.
v.
RASHIDA SMITH, DEFENDANT-APPELLANT.



On appeal from the Superior Court of New Jersey, Law Division, Essex County, Indictment Nos. 96-08-2766, 96-07-0404, 96-02-0302.

Per curiam.

NOT FOR PUBLICATION WITHOUT THE APPROVAL OF THE APPELLATE DIVISION

Submitted December 5, 2007

Before Judges Payne and Messano.

Defendant Rashida Smith appeals from the denial of her petition for post conviction relief (PCR). She raises three points for our consideration.

POINT ONE

THE COURT COMMITTED PLAIN ERROR CAPABLE OF PRODUCING AN UNJUST RESULT IN ACCEPTING A PLEA THAT IT KNEW CONTAINED ADDITIONAL PROMISES MADE OFF THE RECORD. (NOT RAISED BELOW)

POINT TWO

DEFENDANT ESTABLISHED A PRIMA FACIE CASE FOR INEFFECTIVE ASSISTANCE OF COUNSEL CONSTITUTIONALLY GUARANTEED[] BY THE U.S. CONST., AMENDS. VI, XIV; N.J. CONST. ART. I, PAR. 10.

POINT THREE

THE TRIAL COURT COMMITTED REVERSIBLE ERROR WHEN IT SENTENCED THE DEFENDANT TO A GROSSLY DISPROPORTIONATE MAXIMUM TERM.

We have considered these contentions in light of the record and applicable legal standards. We affirm.

On December 15, 1997, defendant pled guilty to various counts contained in three separate indictments returned by the Essex County grand jury, including charges of robbery in the first degree, N.J.S.A. 2C:15-1, and aggravated manslaughter, N.J.S.A. 2C:11-4(a)(1). Pursuant to the plea bargain, the State agreed to recommend that defendant's sentence be limited to an aggregate term of forty years imprisonment with a period of twenty years parole ineligibility pursuant to the Graves Act.*fn1

The agreement was conditioned upon defendant's truthful factual allocution at the time of the plea, and her testimony at the murder trial of her co-defendant, Raheem Williams. It was further agreed that defendant's sentencing would ...


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