On appeal from the Superior Court of New Jersey, Law Division, Camden County, Indictment No. 97-08-2322.
NOT FOR PUBLICATION WITHOUT THE APPROVAL OF THE APPELLATE DIVISION
Submitted September 16, 2008
Before Judges Yannotti and LeWinn.
Defendant Enrique Nobles appeals from an order entered by Judge Louise Direnzo Donaldson on June 29, 2007, which denied defendant's petition for post-conviction relief (PCR). We affirm.
Defendant was charged under Camden County Indictment No. 97-08-2322 with murder, in violation of N.J.S.A. 2C:11-3a(1) (count one); felony murder, in violation of N.J.S.A. 2C:11-3a(3) (count two); conspiracy, in violation of N.J.S.A. 2C:5-2 (count three); robbery, in violation of N.J.S.A. 2C:15-1 (count four); attempted burglary, in violation of N.J.S.A. 2C:5-1 and N.J.S.A. 2C:18-2a(1) (count five); possession of a firearm for an unlawful purpose, in violation of N.J.S.A. 2C:39-4a (count six); unlawful possession of a weapon, in violation of N.J.S.A. 2C:39-5b (count seven); and unlawful possession of a firearm, in violation of N.J.S.A. 2C:39-5f (count eight).
On June 22, 1999, defendant pled guilty to count one, which was amended to charge defendant with aggravated manslaughter, in violation of N.J.S.A. 2C:11-4a. The plea agreement form stated that the charges in counts two through eight would be dismissed. The form also stated that the State would recommend that defendant be sentenced to a twenty-five-year term of incarceration, with a ten-year period of parole ineligibility, and the sentence would run concurrently with a sentence that defendant was then serving. The form also stated, "Defendant [is] entitled to all lawful jail credits." On the plea form, defendant indicated that he was satisfied with the advice that he received from his lawyer and he did not have any questions concerning the plea.
At the plea hearing on June 22, 1999, the assistant prosecutor stated, "It's expressly understood that the State is not granting any jail credits to the defendant that he would not ordinarily be entitled to by law. So he's entitled to any lawful jail credits that he may have."
The judge asked defendant whether he signed the plea agreement form. Defendant stated that he read the papers before he signed them. He said that he understood what he read and all the answers to the questions on the form were true. Defendant admitted that he reviewed the questions with his attorney, his attorney answered all of his questions, and he was satisfied with the legal services provided by his attorney.
Defendant additionally stated that on October 27, 1996, Gilberto Maldonado, Victor Huerta, Angel Alicea, and Luis Hernandez came to his home on York Street in the City of Camden. Defendant said that he knew that Maldonado had a gun. They discussed committing a robbery at a residence on York Street, and defendant agreed to act as a lookout during the robbery. Defendant stated they went with Maldonado and the other men to the house, and Maldonado shot and killed Alejandro Guerrero during the course of the robbery.
The judge found that defendant's plea was voluntary. He also found that the defendant had provided an adequate factual basis for his plea to aggravated manslaughter.
Defendant was sentenced on August 5, 1999. At the sentencing hearing, defense counsel told the judge that he had informed defendant what the jail time credits would be. Counsel stated that, if he determined that the credits were incorrect, he would inform the court "what we think the correct time is."
The judge found aggravating factors under N.J.S.A. 2C:44-1a(3) (risk that defendant will commit another offense), and N.J.S.A. 2C:44-1a(9) (need to deter defendant and others from violating the law). The judge found no mitigating factors. The judge sentenced defendant in accordance with the plea agreement to a twenty-five year term of incarceration, with a ten-year period of parole ineligibility.
The judge stated, among other things, that defendant was entitled to 287 jail credits from the date of his arrest on December 13, 1996, until September 25, 1997, when he began to serve his sentence on another charge. The judge also found that defendant was entitled to gap time credits. The judge stated that, unlike jail credits: the gap time credits come off the back end. So whatever 25 years is from now, which is the year 2024, the 677 days of gap time credit that I'm going to give you work backwards from ...