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State v. McLeod

SUPERIOR COURT OF NEW JERSEY APPELLATE DIVISION


June 11, 2008

STATE OF NEW JERSEY
v.
JOHN MCLEOD

The opinion of the court was delivered by: Jukak1 Edwin H. Stern, P.J.A.D.

ORDER ON MOTION (AMENDED)

MOTION NO. M-5018-07

BEFORE PART: H JUDGE(S): STERN RODRIGUEZ

MOTION FILED: 4/21/2008

BY: JOHN McLEOD ANSWER(S)

FILED: BY: SUBMITTED TO COURT: 5/21/2008

ORDER

THIS MATTER HAVING BEEN DULY PRESENTED TO THE COURT, IT IS ON THIS 11TH DAY OF JUNE, 2008, HEREBY ORDERED AS FOLLOWS:

MOTION BY APPELLANT GRANTED X DENIED X OTHER X - TO PROCEED AS AN INDIGENT, FOR FREE TRANSCRIPTS AND FOR ASSIGNMENT OF COUNSEL - FOR STAY

SUPPLEMENTAL:

Defendant seeks assignment of counsel and free transcripts on this appeal from a conviction on trial de novo. He was treated as an indigent and assigned counsel on the municipal appeal. The motion is granted. See R. 2:7-4 regarding the transcripts. Cristie R. Nastasi, Esq. is hereby assigned as counsel for purposes of this appeal pursuant to R. 2:7-2(d) which was designed to provide for the filing of appeals by assigned counsel who are charged with filing the notice of appeal and remain counsel in the absence of an application to be relieved. See also State v. Sheridan, 280 N.J. Super. 419 (App. Div. 1995). (While not deciding the issue, it is noted that a de novo sentence must be imposed in the Law Division, which is subject to applicable Part III rules, including the utilization of an appeal rights form at the time of sentencing. See State v. Molina, 187 N.J. 531 (2006) giving rise to the obligation of counsel to discuss the issue of appeal with defendant.)

The motion for stay is denied.

20080611

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