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State v. Artis

July 8, 2010

STATE OF NEW JERSEY, PLAINTIFF-RESPONDENT,
v.
MARK ARTIS, DEFENDANT-APPELLANT.



On appeal from the Superior Court of New Jersey, Law Division, Burlington County, Indictment No. 01-05-0639.

Per curiam.

NOT FOR PUBLICATION WITHOUT THE APPROVAL OF THE APPELLATE DIVISION

Submitted April 19, 2010

Before Judges Alvarez and Coburn.

Defendant Mark Artis appeals the denial of his application for post-conviction relief (PCR). We affirm, essentially for the reasons expressed by the motion judge in his July 16, 2008 written opinion. We add only the following brief comments.

Defendant's points on appeal are:

POINT ONE

THE TRIAL COURT ERRED IN DENYING THE DEFENDANT'S PETITION FOR POST CONVICTION RELIEF WITHOUT AFFORDING HIM AN EVIDENTIARY HEARING TO DETERMINE THE MERITS OF HIS CONTENTION THAT HE WAS DENIED THE RIGHT TO THE EFFECTIVE ASSISTANCE OF TRIAL COUNSEL.

A. THE PREVAILING LEGAL PRINCIPLES REGARDING CLAIMS OF INEFFECTIVE ASSISTANCE OF COUNSEL, EVIDENTIARY HEARINGS AND PETITIONS FOR POST CONVICTION RELIEF.

B. THE TIME BAR OF R. 3:22-4 CONCERNING THE OPPORTUNITY TO RAISE CERTAIN ISSUES PREVIOUSLY DOES NOT APPLY TO APPELLANT'S CASE.

C. TRIAL COUNSEL FAILED TO GIVE PETITIONER SOUND LEGAL ADVICE AND DID NOT INFORM PETITIONER OF THE CONSEQUENCES OF HIS GUILTY PLEA, SPECIFICALLY, CIVIL COMMITMENT.

Defendant's only substantive claim is that his attorney was ineffective because he failed to inform him about the possibility that, after serving his sentence, he could be civilly committed under the New Jersey Sexually Violent Predator Act (SVPA), N.J.S.A. 30:4-27.24 to -27.38. We will limit our discussion to that claim.

Defendant's initial plea bargain could not be consummated because when he was evaluated at the Adult Diagnostic and Treatment Center (ADTC), pursuant to N.J.S.A. 2C:47-1, he was found to be a repetitive and compulsive offender requiring seX offender treatment. Defendant thereafter negotiated a new plea agreement with the State, in which he entered a guilty plea to fourth-degree sexual contact, N.J.S.A. 2C:14-3b. Defendant, who was nineteen at the time the offenses occurred and twenty-one when he entered his guilty plea, had been indicted for his sexual conduct with two persons who were between the ages of thirteen and sixteen, while all were housed at the Juvenile Medium Security Facility in Burlington County.

Defendant was sentenced in accord with the agreement on February 19, 2003, to eighteen months imprisonment to be served at the ADTC. Defendant received a credit for time served of 512 days. As a result of the substantial credits, defendant was scheduled for release shortly after his arrival. He did not appeal his judgment of conviction. ...


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