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State of New Jersey v. Vaughn Underwood

SUPERIOR COURT OF NEW JERSEY APPELLATE DIVISION


March 18, 2011

STATE OF NEW JERSEY, PLAINTIFF-RESPONDENT,
v.
VAUGHN UNDERWOOD, DEFENDANT-APPELLANT.

On appeal from the Superior Court of New Jersey, Chancery Division, Family Part, Hudson County, Docket No. FO-09-325-09.

Per curiam.

NOT FOR PUBLICATION WITHOUT THE APPROVAL OF THE APPELLATE DIVISION

Submitted February 28, 2011

Before Judges Rodriguez and Coburn.

On November 9, 2009, defendant Vaughn Underwood pleaded guilty to the petty disorderly persons offense of defiant trespasser, N.J.S.A. 2C:29-9b. The State agreed to dismiss other charges and to recommend a one-year probationary term with alcohol evaluation and domestic violence counseling. Judge Salvatore Bovino imposed a one-year probationary term conditioned upon "an evaluation for alcohol counseling and domestic violence counseling." Defendant was given credit for two days spent in custody.

Defendant, represented by a different attorney, filed a notice of appeal on December 29, 2009, purporting to appeal a November 9, 2009 order, denying his attempt to withdraw his plea. The Case Information Statement asserts that defendant "was not advised of all of his rights to deny the plea process and specifically, all ramifications."

There is no such order. The only order entered on November 9, 2009 is the one accepting the plea and imposing the sentence. No other order was sent to us.*fn1 A core principle of our rules is that we only have jurisdiction to hear an appeal from a final decision of the trial court. R. 2:2-3(a). Thus, no trial decision, no appeal. The appeal is dismissed.


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