On appeal from the Superior Court of New Jersey, Law Division, Middlesex County, Indictment Nos. 02-10-1301 and 03-08-1097.
NOT FOR PUBLICATION WITHOUT THE APPROVAL OF THE APPELLATE DIVISION
Before Judges Lisa and Baxter.
Defendant Kevin B. Johnson appeals from a March 18, 2008 order that denied his petition for post-conviction relief (PCR). We reject defendant's argument that the PCR judge erred when she: 1) denied his motion to vacate his guilty plea, despite his claim that the factual basis he provided was insufficient to support his conviction for second-degree burglary; 2) refused to grant an evidentiary hearing on defendant's claim that both trial and appellate counsel rendered ineffective assistance by failing to realize that his factual basis was insufficient; and 3) denied his application for a change of venue during the PCR proceeding. We affirm.
On January 20, 2004, defendant pled guilty to three different charges of burglary, each one contained in a separate charging document. In particular, under Indictment 02-10-1301, he pled guilty to second-degree burglary, N.J.S.A. 2C:18-2(b)(2). On both Indictment 03-08-1097 and Accusation 19-01-04, defendant pled guilty to one count of third-degree burglary, N.J.S.A. 2C:18-2(a)(1). Defendant's claims on appeal concern only his second-degree conviction, for which he entered the following factual basis during the plea colloquy:
Q: On August 12, 2002, . . . did you find yourself with Jameel Parrott in the Borough of Carteret . . .?
Q: And did there come a point in time when you and he entered into [a home on] Pershing Avenue?
Q: What was your intent when you went into that structure?
A: To burglarize the house.
Q: To take property from within?
Q: Did you know the owners of the house?
Q: You, in fact, entered it with Jameel; ...