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State of New Jersey v. Patrick B. Lewis

January 5, 2011

STATE OF NEW JERSEY, PLAINTIFF-RESPONDENT,
v.
PATRICK B. LEWIS, DEFENDANT-APPELLANT.



On appeal from Superior Court of New Jersey, Law Division, Union County, Indictment No. 98-03-0374.

Per curiam.

NOT FOR PUBLICATION WITHOUT THE APPROVAL OF THE APPELLATE DIVISION

Submitted November 3, 2010

Before Judges Carchman and Waugh.

Defendant Patrick B. Lewis appeals the denial of his petition for post-conviction relief (PCR). We affirm.

I.

We discern the following procedural and factual history from the record.

On March 18, 1998, Lewis was charged by a Union County Grand Jury with first-degree aggravated sexual assault, contrary to N.J.S.A. 2C:14-2(a)(1) (count one); second-degree sexual assault, contrary to N.J.S.A. 2C:14-2(b) (count two); and second-degree endangering the welfare of a child, contrary to N.J.S.A. 2C:24-4(a) (count three). At a plea hearing on January 25, 1999, Lewis admitted that, on October 8, 1997, he committed an act of sexual penetration with a four-year old child, in violation of N.J.S.A. 2C:14-2(a)(1).

Lewis entered into a plea agreement with the State. Under the agreement, he would plead guilty to first-degree aggravated sexual assault, which the prosecutor agreed would be treated as a second-degree offense for sentencing purposes. The prosecutor also agreed to recommend a five-year term of incarceration.*fn1

Counts two and three of the indictment were to be dismissed at the time of sentencing.

At the plea hearing on January 25, 1999, the following colloquy occurred between the plea judge and Lewis:

Q: Did your lawyer answer your questions and explain to you your rights and responsibilities?

A: Yes, she did.

Q: Did you sign the plea form?

A: Yes, I did.

Q: Did you read it before you signed it?

A: Yes, I did.

Q: Do you understand it?

A: Yes.

The judge advised Lewis that he would be subject to a psychiatric evaluation at Avenel Adult Diagnostic and Treatment Center (Avenel) because of the nature of the offense. Depending upon the results of the evaluation, he would ...


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