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State v. Bae

June 7, 2010

STATE OF NEW JERSEY, PLAINTIFF-RESPONDENT,
v.
HEE S. BAE, DEFENDANT-APPELLANT.



On appeal from Superior Court of New Jersey, Law Division, Bergen County, Municipal Appeal No. 009-02-09.

Per curiam.

NOT FOR PUBLICATION WITHOUT THE APPROVAL OF THE APPELLATE DIVISION

Submitted May 19, 2010

Before Judges Fisher and Espinosa.

Defendant appeals from the order of the Law Division denying his petition for post-conviction relief (PCR). We affirm.

On December 29, 1995, defendant was charged with driving while intoxicated (DWI), N.J.S.A. 39:4-50. He entered a guilty plea to that charge on March 7, 1996 and was sentenced as a first offender. Thereafter, defendant entered guilty pleas to a second DWI charge in 2003 and a third DWI charge in 2008. This PCR petition concerns defendant's guilty plea to his second DWI charge.*fn1

In this case, defendant was issued summonses for driving while intoxicated, N.J.S.A. 39:4-50, tailgating, improper passing, and refusal to submit to a breathalyzer. On January 2, 2003, defendant entered a guilty plea to the DWI charge while represented by counsel pursuant to a plea agreement in which the remaining charges were dismissed or merged. The municipal court reviewed the consequences of the guilty plea to a second DWI offense with defendant and asked him if he wanted to plead guilty. Then, defendant provided a factual basis for the plea in responding to questions from his attorney and the court.

Q: [By Counsel] Mr. Bae, on October 16th[,] 2001, were you driving your motor vehicle in a southbound direction on Kinderkamack Road proceeding from Emerson into Oradell?

A: Yes.

Q: At the intersection of Soldier Hill Road?

A: Yes.

Q: And at that time were you driving under the influence of alcoholic beverages?

A: Yes.

Q: And were you stopped by a ...


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