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State v. Ledesma

July 30, 2009

STATE OF NEW JERSEY, PLAINTIFF-RESPONDENT,
v.
ELISEO LEDESMA, DEFENDANT-APPELLANT.



On appeal from Superior Court of New Jersey, Law Division, Hudson County, Indictment No. 07-06-1050-I.

Per curiam.

NOT FOR PUBLICATION WITHOUT THE APPROVAL OF THE APPELLATE DIVISION

Submitted June 9, 2009

Before Judges Lisa and Collester.

Pursuant to a negotiated plea agreement, defendant Eliseo Ledesma entered guilty pleas to second-degree conspiracy to distribute a controlled dangerous substance, contrary to N.J.S.A. 2C:5-2, second-degree possession of a controlled dangerous substance with intent to distribute, contrary to N.J.S.A. 2C:35-5a(1) and 2C:35-5b(2), and second-degree possession of a controlled dangerous substance with intent to distribute within 1000 feet of a school, contrary to N.J.S.A. 2C:35-7 under Hudson County Indictment Number 07-06-1050I.

On appeal defendant presents the following arguments:

POINT I - THE DEFENDANT'S PLEA TO CONSPIRACY AND POSSESSION WITH INTENT TO DISTRIBUTE COCAINE IN A QUANTITY IN THE SECOND DEGREE RANGE WAS NOT SUPPORTED BY A FACTUAL BASIS.

POINT II - THE ACCEPTANCE OF THE GUILTY PLEA TO CONSPIRACY WAS IN ERROR AS DEFENDANT RENOUNCED HIS PARTICIPATION IN THE OFFENSE.

POINT III - THE ACCEPTANCE OF THE GUILTY PLEA WAS IN ERROR AS DEFENDANT'S (SIC) IT WAS NOT KNOWING OR VOLUNTARY.

POINT IV - THE COURT'S SENTENCE OF FIVE YEARS SUBJECT TO THE NO EARLY RELEASE ACT WAS EXCESSIVE.

A. THE TRIAL COURT ERRED IN FAILING TO ADDRESS PERTINENT MITIGATING FACTORS.

The arguments presented by defendant are without sufficient merit to warrant discussion in a written opinion. R. 2:11- 3(e)(2). We offer the following brief comments.

At the plea hearing, defense counsel asked defendant if he conspired with "another individual," and defendant answered in the affirmative. The prosecutor stated, "It's basically that you were supplying Walter Cidaneum [with] cocaine."

Defendant denied this statement. The trial judge refused to accept the guilty plea and ordered that the conspiracy charge be readied for trial. Defendant's plea counsel then conferred with defendant off the record and later advised the court that defendant intended to plead guilty. The judge told defendant his guilty plea must reflect the facts as charged or it would not ...


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