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State of New Jersey v. Tahira Muhammad

June 13, 2012

STATE OF NEW JERSEY, PLAINTIFF-RESPONDENT,
v.
TAHIRA MUHAMMAD, DEFENDANT-APPELLANT.



On appeal from Superior Court of New Jersey, Law Division, Monmouth County, Indictment No. 03-02-0316.

Per curiam.

NOT FOR PUBLICATION WITHOUT THE APPROVAL OF THE APPELLATE DIVISION

Submitted February 8, 2012 -

Before Judges Fuentes and Graves.

Defendant Tahira Muhammad appeals from an order dated March 27, 2009, denying her petition for post-conviction relief (PCR) without prejudice and a subsequent order dated May 19, 2009, denying her request for PCR with prejudice. We affirm.

On July 18, 2003, when she was thirty years old, defendant pled guilty to first-degree attempted murder, in violation of N.J.S.A. 2C:5-1 and N.J.S.A. 2C:11-3. In return for the guilty plea, the State agreed to dismiss the remaining counts of the indictment and to recommend that defendant be sentenced to a fifteen-year term of imprisonment with an eighty-five percent period of parole ineligibility and five years of parole supervision under the No Early Release Act (NERA), N.J.S.A. 2C:43-7.2.

During her plea hearing, defendant testified she graduated from college. When questioned by the court, defendant confirmed she understood the plea agreement, she entered into it voluntarily, and her answers to the questions on the plea form were "accurate, truthful and complete." On the plea form, defendant indicated she was satisfied with the advice she received from her attorney. In addition, when the judge asked defendant if her attorney had answered all of her "questions and concerns about [the] charges," defendant answered "Yes." She also confirmed she was "satisfied with the legal services that [her attorney] rendered on her behalf."

In response to questions from her attorney regarding the offense, which occurred on October 12, 2002, defendant testified as follows:

Q. And during that time you were in a vehicle with a girl that you had known by the name of Annie Barrone, is that correct?

A. Yes.

Q. And prior to getting into the vehicle you had gone to retrieve an item out of your car, is that correct?

A. Yes.

Q. And what was that item?

A. It was a hammer.

Q. And you took that hammer and you concealed it in your clothes?

A. Yes.

Q. And at some point in time when you were driving with Ms. Barrone she had pulled off to the side of the road. I believe she thought she was lost.

A. Yes.

Q. And you hit her on the head with ...


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