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State of New Jersey v. Eduardo Taipe

August 5, 2011

STATE OF NEW JERSEY, PLAINTIFF-RESPONDENT,
v.
EDUARDO TAIPE, DEFENDANT-APPELLANT.



On appeal from Superior Court of New Jersey, Law Division, Somerset County, Indictment No. 04-06-00458.

Per curiam.

NOT FOR PUBLICATION WITHOUT THE APPROVAL OF THE APPELLATE DIVISION

Submitted July 5, 2011

Before Judges Cuff and Fuentes.

Defendant Eduardo Taipe appeals from the order of the trial court denying his post-conviction relief (PCR) petition. We affirm.

On June 24, 2004, a Somerset County Grand Jury indicted defendant, charging him as follows: Count One, second degree eluding, N.J.S.A. 2C:29-2(b); Count Two, second degree aggravated assault on a law enforcement officer, N.J.S.A. 2C:12-1(b)(1); Count Three, second degree aggravated assault on a police officer, N.J.S.A. 2C:12-1(b)(6); Count Four, third degree aggravated assault on a law enforcement officer, N.J.S.A. 2C:12-1(b)(5)(a); Count Five, third degree possession of cocaine with intent to distribute, N.J.S.A. 2C:35-5(a)(1) and N.J.S.A. 2C:35-5(b)(3); Count Six, third degree possession of heroin with intent to distribute, N.J.S.A. 2C:35-5(a)(1) and N.J.S.A. 2C:35-5(b)(3); Count Seven, fourth degree possession of marijuana with intent to distribute, N.J.S.A. 2C:35-5(a)(1) and N.J.S.A. 2C:35-5(b)(12); Count Eight, third degree possession of cocaine with intent to distribute within 1,000 feet of North Plainfield High School, N.J.S.A. 2C:35-5(a) and N.J.S.A. 2C:35-7; Count Nine, third degree possession of heroin with intent to distribute within 1,000 feet of North Plainfield High School, N.J.S.A. 2C:35-5(a) and N.J.S.A. 2C:35-7; and Count Ten, third degree possession of marijuana with intent to distribute within 1,000 feet of North Plainfield High School, N.J.S.A. 2C:35-5(a) and N.J.S.A. 2C:35-7.

On September 25, 2005, defendant pled guilty to all counts in the indictment pursuant to a negotiated agreement with the State. The judge who presided at the plea hearing described the terms of the agreement when he addressed defendant as follows:

THE COURT: Now, my understanding is that in exchange for your plea of guilty to those charges they're [the State] willing to drop a motor vehicle reckless driving, they're willing to recommend eight years State Prison, eighty-five percent without parole.

Is that your understanding?

DEFENDANT: Yes.

The judge also addressed the representation and advise defendant had received from his defense counsel in connection with his decision to plead guilty.

THE COURT: Are you satisfied with [defense counsel's] legal advice to you about all this?

DEFENDANT: Not totally, but yeah.

THE COURT: I understand you may not be happy with the result, but in talking it over, ...


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