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State v. Clavon

SUPERIOR COURT OF NEW JERSEY APPELLATE DIVISION


February 19, 2010

STATE OF NEW JERSEY, PLAINTIFF-RESPONDENT,
v.
ANDREW J. CLAVON, DEFENDANT-APPELLANT.

On appeal from Superior Court of New Jersey, Law Division, Burlington County, Indictment No. 06-01-0046-I.

Per curiam.

NOT FOR PUBLICATION WITHOUT THE APPROVAL OF THE APPELLATE DIVISION

Submitted February 1, 2010

Before Judges Lisa and Coburn.

Defendant, Andrew J. Clavon, entered into a negotiated plea agreement after he was denied admission into the pretrial intervention program ("PTI"). The plea resolved a three count indictment charging fourth degree aggravated assault, N.J.S.A. 2C:12-1(b)(5)(a)(Count 1); third degree resisting arrest by physical force or violence, N.J.S.A. 2C:29-2(a)(3)(a)(Count 2); and third degree aggravated assault, N.J.S.A. 2C:12-1(b)(5)(a) (Count 3). Defendant pled guilty to the second count and a judgment of conviction was entered on February 16, 2007, which imposed probation for one-year, waived defendant's right to appeal, but preserved his right to challenge the order denying him admission into PTI.

On appeal, defendant contends that the prosecutor committed a gross abuse of discretion because the denial "contained no individualized evaluation." That assertion is belied by the prosecutor's rejection letter dated July 17, 2006, which includes a rather extensive discussion of defendant's individual characteristics, which the prosecutor acknowledged were mostly positive. The same may be said of the PTI Director's letter of denial.

Consequently, we are satisfied that defendant's argument is without sufficient merit to warrant discussion in a written opinion, R. 2:11-3(e)(2), and we affirm substantially for the reasons expressed by Judge LeBon in her thorough and well- reasoned oral opinion of September 19, 2006.

Affirmed.

20100219

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