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State v. Veres

August 22, 2008

STATE OF NEW JERSEY, PLAINTIFF-RESPONDENT,
v.
RUSSELL VERES, DEFENDANT-APPELLANT.



On appeal from Superior Court of New Jersey, Law Division, Mercer County, Indictment No. 98-07-0690.

Per curiam.

NOT FOR PUBLICATION WITHOUT THE APPROVAL OF THE APPELLATE DIVISION

Submitted August 12, 2008

Before Judges Sapp-Peterson and Baxter.

Defendant Russell Veres appeals from an August 10, 2007 order that denied his petition for post-conviction relief (PCR). We affirm.

I.

On July 27, 1999, defendant entered a negotiated plea of guilty to one count of second-degree sexual assault, N.J.S.A. 2C:14-2(b). During the plea colloquy, the judge advised defendant, who was under oath, that his conviction for second-degree sexual assault subjected him to community supervision for life (CSL) pursuant to the provisions of N.J.S.A. 2C:43-6.4. The following discussion occurred:

THE COURT: Do you understand also that there will be an obligation of community supervision?

THE DEFENDANT: Yes.

THE COURT: Do you understand that that could be a community supervision obligation for your lifetime?

THE DEFENDANT: Yes.

Immediately thereafter, the judge discussed the plea form entitled "Additional Questions for Certain Sexual Offenses" (supplemental plea form). Question four on that two-page supplemental plea form provides as follows:

Community Supervision for Life

Do you understand that if you are pleading guilty to the crime of . . . sexual assault . . . the Court, in addition to any other sentence, will impose a special sentence of community supervision for life?

Defendant answered "yes" to that question. The judge asked defendant during the plea colloquy whether he had read the supplemental plea form and understood it at the time he signed it. He answered "yes." Defendant also said that if he had any questions concerning the material on that supplemental plea form, his attorney had answered such questions to his satisfaction. Finally, defendant ...


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