On appeal from Superior Court of New Jersey, Law Division, Union County, Indictment No. 04-06-0650.
NOT FOR PUBLICATION WITHOUT THE APPROVAL OF THE APPELLATE DIVISION
Before Judges Graves and Sabatino.
Defendant Willie Reid appeals from an order dated December 3, 2007, denying his petition for post-conviction relief (PCR).
After reviewing defendant's arguments in light of the record and the applicable law, we affirm.
Defendant was charged in a three-count indictment with first-degree robbery, in violation of N.J.S.A. 2C:15-1 (count one); second-degree possession of a weapon (a handgun) with a purpose to use it unlawfully, in violation of N.J.S.A. 2C:39- 4(a) (count two); and third-degree unlawful possession of a handgun without a permit, in violation of N.J.S.A. 2C:39-5(b) (count three). Pursuant to a negotiated plea agreement, defendant pled guilty to first-degree armed robbery. In exchange for the guilty plea, the State agreed to recommend that defendant be sentenced as a second-degree offender to a five- year prison term under the No Early Release Act, N.J.S.A. 2C:43-7.2. The State also agreed to recommend that counts two and three of the indictment would be dismissed at sentencing.
At the plea hearing on February 9, 2005, defendant testified he had reviewed the plea form with his attorney, and he understood everything in the form. He further testified that he had an opportunity to review discovery, including the police reports and the indictment with his attorney, he understood the charges and the plea agreement, and he was satisfied with the services provided by his attorney. Defendant also confirmed that he entered into the plea agreement voluntarily, without any threats or promises that were not set forth in the plea form and stated on the record.
When the court questioned defendant regarding the events that occurred on September 28, 2003, defendant testified as follows:
Q: Okay. Mr. Reid, on September 28, 2003 were you in Elizabeth, sir?
Q: And did you have an altercation with Henry Deon, or Deean (phonetic), and/or Cesar Deean, and/or Carlos Armandaros (phonetic), and/or Israel Raiva (phonetic), and/or Luis Raiva?
Q: During the course of that altercation did you have a deadly weapon?