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State of New Jersey In the Interest of B.C.

January 19, 2012

STATE OF NEW JERSEY IN THE INTEREST OF B.C., A JUVENILE.


On appeal from Superior Court of New Jersey, Chancery Division, Family Part, Monmouth County, Docket No. FJ-13-1374-96.

Per curiam.

RECORD IMPOUNDED

NOT FOR PUBLICATION WITHOUT THE APPROVAL OF THE APPELLATE DIVISION

Submitted November 30, 2011

Before Judges Graves and Koblitz.

On September 7, 1995, when B.C. was eleven years old, he was charged with juvenile delinquency for acts which, if committed by an adult, would constitute aggravated sexual assault, N.J.S.A. 2C:14-2(1) (count one); two counts of simple assault, N.J.S.A. 2C:12-1(a)(1) (counts two and three); and harassment, N.J.S.A. 2C:33-4(c) (count four). B.C. pled guilty to counts one and two on January 29, 1996. On March 15, 1996, B.C. was adjudicated delinquent and sentenced to a three-year term of probation with conditions. B.C. was also required to register as a sex offender under Megan's Law. N.J.S.A. 2C:7-1 to -19.

On September 11, 2008, B.C. filed a motion to vacate his guilty pleas and for the assignment of counsel. After an attorney was assigned to represent him, B.C. filed an amended petition for post-disposition relief under Rule 5:24-6 on August 31, 2009. B.C. appeals from an order entered on December 11, 2009, denying his petition to have his adjudication of delinquency set aside. B.C. presents the following arguments:

POINT I

THE COURT ERRED IN DENYING APPELLANT'S APPLICATION FOR POST DISPOSITION RELIEF BECAUSE IT FAILED TO RECOGNIZE THE DELAY IN FILING THE APPLICATION WAS CAUSED BY EXCUSABLE NEGLECT.

POINT II

APPELLANT'S ADJUDICATION MUST BE REVERSED BECAUSE HIS TRIAL COUNSEL'S PERFORMANCE WAS SO INEFFECTIVE IT UNDERMINED THE ADVERSARIAL PROCESS AND RESULTED IN AN UNJUST RESULT. POINT III

THE COURT ERRED IN DENYING APPELLANT'S REQUEST TO WITHDRAW HIS PLEA BECAUSE THERE IS NO EVIDENCE IN THE RECORD TO DEMONSTRATE HIS PLEA WAS KNOWINGLY AND VOLUNTARILY MADE.

POINT IV

THE TRIAL COURT COMMITTED REVERSIBLE ERROR BY FAILING TO APPOINT A GUARDIAN TO PROTECT APPELLANT'S INTEREST IN ...


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