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State v. Brooks

July 28, 2009

STATE OF NEW JERSEY, PLAINTIFF-RESPONDENT,
v.
LAMONT BROOKS, DEFENDANT-APPELLANT.



On appeal from Superior Court of New Jersey, Law Division, Essex County, Indictment No. 98-06-0603, 98-06-0604.

Per curiam.

NOT FOR PUBLICATION WITHOUT THE APPROVAL OF THE APPELLATE DIVISION

Submitted March 25, 2009

Before Judges Payne and Ashrafi.

On June 16, 1998, prior to the passage of the Sexually Violent Predator Act (SVPA), N.J.S.A. 30:4-27.24 to -27.38, defendant pled guilty to second-degree sexual assault by force and coercion, N.J.S.A. 2C:14-2c(1), and fourth-degree failure to register as a sex offender, N.J.S.A. 2C:7-2d(1). On October 15, 1998, after the passage of the SVPA but before its effective date in August 1999, defendant was sentenced in accordance with his plea bargain to five years in custody, with five years of parole ineligibility. Defendant served his sentence at the Adult Diagnostic and Treatment Center at Avenel, and upon its conclusion in 2003, he was civilly committed as a sexually violent predator pursuant to the SVPA.

In 2006, defendant sought post-conviction relief (PCR), making arguments that centered on the application of the SVPA to him and lack of notice that he was potentially subject to the Act. Relief was denied, and defendant has appealed.

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

POINT I.

DEFENDANT'S PETITION FOR POST-CONVICTION RELIEF SHOULD NOT BE DENIED BECAUSE IT WAS FILED MORE THAN FIVE YEARS AFTER HIS CONVICTION AND SENTENCE.

POINT II.

DEFENDANT'S CONVICTIONS AND SENTENCE SHOULD BE VACATED AND HE SHOULD BE AFFORDED A TRIAL BECAUSE HE WAS NOT ADVISED AT THE TIME OF HIS PLEA THAT HE COULD BE SUBJECT TO CIVIL COMMITMENT AFTER SERVING HIS SENTENCE.

POINT III.

DEFENDANT WAS DENIED EFFECTIVE ASSISTANCE OF COUNSEL BECAUSE HE FAILED TO ADVISE THE DEFENDANT THAT HE FACED THE POSSIBILITY OF BEING CIVILLY COMMITTED PURSUANT TO THE NEW JERSEY SEXUALLY VIOLENT PREDATOR ACT. POIONT IV THE APPLICABILITY OF THE NEW JERSEY SEXUALLY VIOLENT PREDATOR ACT TO THE ...


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