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State v. Wilson

August 20, 2009

STATE OF NEW JERSEY, PLAINTIFF-RESPONDENT,
v.
SAMUEL WILSON A/K/A SAMMIE WILSON, DEFENDANT-APPELLANT.



On appeal from Superior Court of New Jersey, Law Division, Passaic County, Indictment No. 95-01-0093.

Per curiam.

NOT FOR PUBLICATION WITHOUT THE APPROVAL OF THE APPELLATE DIVISION

Submitted August 11, 2009

Before Judges Lihotz and Baxter.

Defendant Samuel Wilson appeals from an order denying his petition for post conviction relief (PCR) alleging ineffective assistance of counsel requires his conviction be vacated and he be permitted to withdraw a guilty plea. Specifically, defendant argues:

POINT I

DEFENDANT DID NOT ENTER HIS GUILTY PLEA KNOWINGLY AND VOLUNTARILY BECAUSE THE COURT DID NOT INFORM HIM THAT IT MIGHT LEAD TO CIVIL COMMITMENT. (Partially Raised Below).

POINT II

DEFENDANT DID NOT ENTER HIS GUILTY PLEA KNOWINGLY AND VOLUNTARILY BECAUSE TRIAL COUNSEL DID NOT INFORM HIM THAT IT MIGHT LEAD TO CIVIL COMMITMENT.

POINT III

WHERE THE SUBSTANCE OF DEFENDANT'S CLAIM ON PCR IS THAT HIS GUILTY PLEA IS INVALID BECAUSE HE WAS NOT TOLD IT COULD LEAD TO CIVIL COMMITMENT, HE SHOULD BE PERMITTED TO FILE HIS PCR OUT OF TIME BECAUSE: 1) HE DID NOT LEARN THAT HE FACED COMMITMENT UNTIL AFTER THE DEADLINE FOR APPLYING FOR PCR HAD PASSED; 2) HIS CLAIMS INVOLVE CONSTITUTIONAL VIOLATIONS; AND 3) TRIAL COUNSEL WAS INEFFECTIVE FOR NOT RAISING THE CLAIM.

We affirm.

A Passaic County Grand Jury returned Indictment No. 95-01-0093 charging defendant with first-degree robbery, N.J.S.A. 2C:15-1(3) (count one); first-degree aggravated sexual assault, N.J.S.A. 2C:14-2(a)(3) and (4) (count two); first-degree terroristic threats, N.J.S.A. 2C:12-3(a) and (b) and N.J.S.A. 2C:13-3 (count three); third-degree possession of a weapon (knife) for an unlawful purpose, N.J.S.A. 2C:39-4(d) (count four); and fourth-degree unlawful possession of a weapon (knife), N.J.S.A. 2C:39-5(d) (count five).

Prior to trial, on April 3, 1995, defendant assented to the terms of a plea agreement. In exchange for defendant's plea to one count of second-degree sexual assault (count two), the State agreed to dismiss all remaining charges. The recommended term of ...


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