On appeal from Superior Court of New Jersey, Law Division, Somerset County, Indictment No. 06-10-00836-I.
NOT FOR PUBLICATION WITHOUT THE APPROVAL OF THE APPELLATE DIVISION
Submitted December 1, 2008
Before Judges Lisa and Reisner.
Defendant Eugene D. Corbesero appeals from his rejection for admission into the Pre-Trial Intervention Program (PTI) and from his sentence of two concurrent five-year prison terms subject to the No Early Release Act, N.J.S.A. 2C:43-7.2. We affirm.
Defendant, a former priest who was seventy-three years old at the time of the offense, pled guilty to molesting a twelve-year old boy, who was attending a sleep-over at defendant's house. The victim, who was extremely upset, left the bedroom where the incident occurred and called 9-1-1 as well as his mother. Defendant was arrested and eventually pled guilty to second-degree sexual assault, N.J.S.A. 2C:14-2b, and second-degree endangering the welfare of a child, N.J.S.A. 2C:24-4a.
Defendant's PTI application was rejected, on the grounds that he was "charged with a serious offense that carries a presumption of imprisonment" on conviction and that he had "not shown compelling reasons justifying admission." Further, "the public need for prosecution outweigh[ed] the value of supervisory treatment." Rather than appeal from the PTI denial, defendant pled guilty to the charged offenses and then filed a motion for admission to PTI over the State's objection, claiming that his attorney misunderstood defendant's appeal rights. The trial judge agreed with the prosecution that the appeal was untimely. However, considering the merits of the appeal, the trial judge also concluded that the prosecutor had not committed any gross and patent abuse of discretion in denying defendant admission to PTI.
On this appeal, defendant presents the following points for our consideration:
POINT I: DEFENDANT SHOULD BE ADMITTED INTO PTI.
POINT II: THIS MATTER MUST BE REMANDED FOR RE-SENTENCING DUE TO THE TRIAL COURT'S FAILURE TO APPLY THE CORRECT LEGAL PRINCIPLES AT SENTINCING.
A. Failure To Merge The Convictions.
C. Failure To Consider All The Mitigating Factors Supported ...