On appeal from the Superior Court of New Jersey, Law Division, Middlesex County, Indictment No. 05-09-01236.
NOT FOR PUBLICATION WITHOUT THE APPROVAL OF THE APPELLATE DIVISION
Before Judges C.L. Miniman and LeWinn.
Defendant appeals from the December 18, 2009 order denying his petition for post-conviction relief (PCR). We affirm.
Defendant was indicted along with co-defendant Taurean Nixon for: first-degree attempted murder, N.J.S.A. 2C:5-1, 2C:11-3(a)(1) or (2); first-degree conspiracy to commit multiple crimes including and relating to the attempted murder, N.J.S.A. 2C:5-2; fourth-degree unlawful possession of a weapon, N.J.S.A. 2C:39-5(d); third-degree possession of a weapon for an unlawful purpose, N.J.S.A. 2C:39-4(d); second-degree burglary, N.J.S.A. 2C:18-2; third-degree criminal restraint, N.J.S.A. 2C:13-2; first-degree robbery, N.J.S.A. 2C:15-1; third-degree terroristic threats, N.J.S.A. 2C:12-3(b); second-degree aggravated assault, N.J.S.A. 2C:12-1(b)(1); and third-degree receiving stolen property, N.J.S.A. 2C:20-7. Pursuant to a negotiated plea agreement, defendant pled guilty to first-degree robbery and second-degree burglary. The State recommended a sentence of concurrent twelve-year terms of imprisonment subject to the No Early Release Act, N.J.S.A. 2C:43-7.2 (NERA).
At his plea hearing, the following colloquy ensued regarding defendant's factual basis for the burglary charge:
Q Did you enter the home of [the victim]?
Q And did you do so with the intent to commit a theft?
Q And did you or another who you were doing this with display a deadly weapon?
Q Did you have permission to be there?
Q You weren't invited by anyone there, right?
Regarding the robbery charge, defendant gave the following factual basis:
Q Drawing your attention to count number seven which is robbery in the first degree, . . . at the house of [the victim], did you take property, you or another that you were doing this with, caused [sic] bodily harm to him?
Q And that was a stab wound to his upper torso?
Q And you took property, is that correct?
Q And that property did not belong to you?
Q You did not have permission or authority ...