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State of New Jersey v. Anthony Gilliam

February 9, 2011

STATE OF NEW JERSEY, PLAINTIFF-RESPONDENT,
v.
ANTHONY GILLIAM, DEFENDANT-APPELLANT.



On appeal from the Superior Court of New Jersey, Law Division, Somerset County, Indictment No. 03-10-0587.

Per curiam.

RECORD IMPOUNDED

NOT FOR PUBLICATION WITHOUT THE APPROVAL OF THE APPELLATE DIVISION

Submitted January 25, 2011

Before Judges Carchman and Waugh.

Defendant Anthony Gilliam entered a plea of guilty to three counts of second-degree sexual assault, N.J.S.A. 2C:14-2c(4); and one count of third-degree endangering the welfare of a child, N.J.S.A. 2C:24-4a. Consistent with the plea agreement and after appropriate mergers, the trial judge sentenced defendant to seven years in prison in addition to mandated assessments, penalties and fees.*fn1 Defendant was also made subject to the requirements of Megan's Law, N.J.S.A. 2C:7-1 to -11, which included community supervision for life. Defendant did not appeal but filed a pro se petition for post-conviction relief (PCR). Following a plenary hearing on the PCR, the judge denied relief. We affirm.

These are the underlying facts and those adduced at the PCR hearing. From August 14, 2003 to August 24, 2003, defendant, then 37 years old, engaged in sexual activity including oral, digital and vaginal sex, with A.R., a thirteen-year-old girl.

On December 5, 2003, defendant appeared before the trial judge for the entry of a plea. Under the terms of the plea agreement, defendant would plead guilty to the indictment and the State would recommend a seven-year sentence. At the plea hearing, the judge reviewed the plea and explained the Megan's Law requirements as well as community supervision for life. The following colloquy took place:

Q. Critically, as Mr. Gaynor pointed out, you could spend more time in treatment than you would spend if sentenced to State Prison. If you are found to fall within the classification after the psychiatric examination, that you could spend more time in treatment; that if the treatment took longer than the 7 years flat. You understand that?

A. Yeah. I followed you, your Honor.

Q. All right. I wanted to make sure. That is really the key element here. There is also what is known as the additional questions for certain sexual offenses. You understand that you must register with certain public agencies as a result of this plea?

A. Yes, your Honor.

Q. You understand that if you change residence, you have to notify law enforcement?

A. Yes, your Honor.

Q. There is also a requirement of notification that may result in the requirement of registration to law enforcement, community organizations, or the public at large of your release ...


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