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State v. Primus

August 12, 2008

STATE OF NEW JERSEY, PLAINTIFF-RESPONDENT,
v.
DRAKE PRIMUS, DEFENDANT-APPELLANT.



On appeal from Superior Court of New Jersey, Law Division, Passaic County, Indictment No. 02-09-1185.

Per curiam.

NOT FOR PUBLICATION WITHOUT THE APPROVAL OF THE APPELLATE DIVISION

Submitted July 28, 2008

Before Judges Graves and Yannotti.

Defendant Drake Primus appeals from an order entered on May 18, 2007, denying his petition for post-conviction relief (PCR). We affirm.

Passaic County Indictment No. 02-09-1185 charged defendant with fourth-degree possession of a controlled dangerous substance (CDS) (marijuana) with intent to distribute, N.J.S.A. 2C:35-5(a)(1) and (b)(12) (count one); and third-degree possession of CDS (marijuana) with intent to distribute within 1000 feet of school property, N.J.S.A. 2C:35-7 and N.J.S.A. 2C:35-5(a) (count two). Although defendant was tried on two separate occasions, each trial resulted in a hung jury.

On September 13, 2004, pursuant to a negotiated plea agreement, defendant pled guilty to third-degree conspiracy to possess marijuana with intent to distribute within 1000 feet of school property. In return, the State agreed to recommend an eighteen-month term of probation. At his plea hearing, defendant admitted he had entered into an agreement with another individual to possess marijuana with the intent to distribute it within 1000 feet of "a functioning school," and his testimony included the following:

THE COURT: Mr. Primus, anybody force you to plead guilty?

THE DEFENDANT: No, sir.

THE COURT: Did you plead guilty of your own free will today?

THE DEFENDANT: Yes.

THE COURT: Anybody make any threats or promises to you causing you to plead guilty?

THE DEFENDANT: No.

THE COURT: You are represented by counsel, is ...


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