On appeal from Superior Court of New Jersey, Law Division, Monmouth County, Indictment No. 97-04-0613.
NOT FOR PUBLICATION WITHOUT THE APPROVAL OF THE APPELLATE DIVISION
Before Judges Skillman and Graves.
On April 4, 1997, defendant was indicted for second-degree sexual assault, contrary to N.J.S.A. 2C:14-2(c)(5)*fn1; third-degree endangering the welfare of a child, contrary to N.J.S.A. 2C:24-4(a); and fourth-degree criminal sexual contact, contrary to N.J.S.A. 2C:14-3(b). On September 2, 1997, defendant pled guilty to third-degree endangering the welfare of a child pursuant to a plea bargain under which the State agreed to dismiss the other charges and recommend a non-custodial probationary sentence "with lifetime 'Megan's Law' Registration."
The second question on the special plea form for sex offenders signed by defendant at the time of his plea asked:
Do you understand that if you are pleading guilty to a crime of Aggravated Sexual Assault, Sexual Assault, Aggravated Criminal Sexual Contact, Kidnapping pursuant to 2C:13-1, Endangering the Welfare of a Child by engaging in sexual conduct which would impair or debauch the morals or a child pursuant to 2C:24-4, Luring or an attempt to commit any such offense. The Court in addition to any sentence authorized by the code will impose a special sentence of community supervision for life?
"Yes" is circled in response. The question continued:
And, that any person who violates a condition of special sentence of community supervision is guilty of a crime of the fourth degree?
"Yes" is circled in response. Defendant signed this form on September 2, 1997.
In taking defendant's plea on September 2, 1997, the court had the following colloquy with him:
THE COURT: You've signed the form regarding the Megan's Law requirements including the fact that you must register and continue to register should you move.
THE DEFENDANT: Yes, Your Honor.
The court did not provide defendant with any additional explanation of the ...