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State of New Jersey v. Dashawn Mitchell

July 12, 2011

STATE OF NEW JERSEY, PLAINTIFF-RESPONDENT,
v.
DASHAWN MITCHELL, DEFENDANT-APPELLANT.



On appeal from Superior Court of New Jersey, Law Division, Passaic County, Indictment Nos. 04-03-0214 and 04-04-0491.

Per curiam.

RECORD IMPOUNDED

NOT FOR PUBLICATION WITHOUT THE APPROVAL OF THE APPELLATE DIVISION

Submitted March 1, 2011

Before Judges Graves and Messano.

Defendant Dashawn Mitchell appeals from an order dated October 13, 2009, denying his petition for post-conviction relief. We affirm.

Pursuant to a negotiated agreement encompassing two separate indictments, defendant pled guilty to the following charges: two counts of second-degree sexual assault, N.J.S.A. 2C:14-2(c), and one count of third-degree terroristic threats, N.J.S.A. 2C:12-3(b). In exchange, the State agreed to dismiss other charges and to recommend a nine-year prison term, subject to an eighty-five percent period of parole ineligibility under the No Early Release Act (NERA), N.J.S.A. 2C:43-7.2.

During the plea hearing on February 16, 2005, defendant confirmed that he discussed the questions and answers on the plea forms with his attorney and "the answers she filled out" were "accurate and truthful." Because defendant was pleading guilty to second-degree sexual assault charges, question number eight on a form entitled "Additional Questions for Certain Sexual Offenses Committed on or After December 1, 1998" asked whether defendant understood that upon completion of his term of confinement he could "be involuntarily committed to another facility if the court [found] after a hearing, that [he was] a sexually violent predator in need of involuntary civil commitment." The possible answers were "Yes" and "No," and "Yes" was circled on the form.

In addition, after defendant was sworn, the court had the following colloquy with him:

Q. All right. Mr. Mitchell, there's a law called the New Jersey Violent Sexual Predators Act. Under that law, if the New Jersey Attorney General's Office thinks that you fall under the requirements of that law and that you are a violent sexual predator, do you understand that the Attorney General can make an application to a court, to a judge, and ask the judge to have you civilly committed for the rest of your life?

Do you understand that?

A. Yes.

Q. Knowing that and knowing all of the other things we have talked about so far, do you ...


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