Searching over 5,500,000 cases.


searching
Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.

State v. Speed

December 15, 2009

STATE OF NEW JERSEY, PLAINTIFF-RESPONDENT,
v.
LAWRENCE SPEED, DEFENDANT-APPELLANT.



On appeal from Superior Court of New Jersey, Law Division, Cumberland County, Indictment No. 06-01-0038.

Per curiam.

NOT FOR PUBLICATION WITHOUT THE APPROVAL OF THE APPELLATE DIVISION

Submitted November 12, 2009

Before Judges Miniman and Waugh.

Defendant Lawrence Speed appeals his conviction, following a guilty plea, for third-degree endangering the welfare of a child, contrary to N.J.S.A. 2C:24-4(a), as well as the resulting sentence of three-years incarceration, subject to the provisions of Megan's Law, N.J.S.A. 2C:7-1 to -19.*fn1 He also appeals the denial of his motion to withdraw his plea. We reverse.

I.

In a two count indictment returned by the Cumberland County Grand Jury on January 11, 2006, Speed was charged with second-degree aggravated sexual assault, contrary to N.J.S.A. 2C:14-2(c)(4), and fourth-degree criminal sexual contact, contrary to N.J.S.A. 2C:14-3(b).*fn2 Both charges were based on allegations that Speed, who was then nineteen years old, had sexual intercourse with a female victim who was at least thirteen years old, younger than sixteen years old, and at least four years younger than Speed. It appears from the record that the victim made inconsistent assertions as to the voluntariness of her relationship with Speed.*fn3

Speed was offered and accepted the opportunity to plead guilty to a single count of endangering the welfare of a minor, N.J.S.A. 2C:24-4(a), which is a third-degree crime, with a recommendation for a three-year custodial sentence. He entered his guilty plea on May 1, 2006. The plea judge accepted the plea based upon the following factual basis.

DIRECT EXAMINATION BY [Defense Counsel]:

Q: Mr. Speed, back on September 10, 2005, were you in Bridgeton?

A: Yes.

Q: And, do you know somebody with the initials of [victim's initials]?

A: Yes.

Q: Now, you know we can only use the initials. Okay? All right. Now, this person who is [victim's initials], at the time that you were with ...


Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.