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State v. Robinson

December 8, 2008

STATE OF NEW JERSEY, PLAINTIFF-RESPONDENT,
v.
SHAWN ROBINSON, DEFENDANT-APPELLANT.



On appeal from Superior Court of New Jersey, Law Division, Salem County, Indictment No. 94-06-0238.

Per curiam.

NOT FOR PUBLICATION WITHOUT THE APPROVAL OF THE APPELLATE DIVISION

Submitted November 13, 2008

Before Judges A. A. Rodríguez and Payne.

Defendant, Shawn Robinson, appeals from the denial without a hearing of his petition for post-conviction relief (PCR), filed on July 20, 2005, following a plea to third-degree possession of cocaine with the intent to distribute it and a sentence of time served and two years of probation, imposed on January 6, 1995, and pleas to fourth-degree possession of marijuana with the intent to distribute it and to violation of probation (VOP) and concurrent sentences of nine months in custody, imposed on May 3, 1996.

On appeal, defendant raises the following issues for our consideration:

POINT I

DEFENDANT RECEIVED INEFFECTIVE ASSISTANCE OF COUNSEL DURING THE PLEA NEGOTIATION PROCESS AND RETRAXIT HEARING.

POINT II

JUDGE FORESTER ERRED IN DETERMINING THAT A FACTUAL BASIS EXISTED FOR THE ENTRY OF DEFENDANT'S GUILTY PLEA.

A. The Trial Court Failed To Independently Elicit A Factual Basis For The Crime of Possession of Marijuana With Intent To Distribute, In Violation of Rule 3:9-2 And Due Process Of Law.

POINT III

THE TRIAL COURT ERRED IN DETERMINING THAT DEFENDANT'S PETITION WAS PROCEDURALLY BARRED ...


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