On appeal from the Superior Court of New Jersey, Law Division, Monmouth County, Indictment No. 10-07-01391.
NOT FOR PUBLICATION WITHOUT THE APPROVAL OF THE APPELLATE DIVISION
Before Judges Payne and Messano.
On April 14, 2010, defendant Erik D. Roberts was arrested in Neptune Township and charged in a summons complaint with the petty disorderly persons offense of disorderly conduct, N.J.S.A. 2C:33-2(a)(2), and in a warrant complaint with third-degree terroristic threats against police officer Thomas Rafi, N.J.S.A. 2C:12-3(b). Bail was set on the indictable offense by the municipal court judge at $15,000, with a ten-percent cash option.
The next day, defendant appeared pro se in the municipal court via videoconference from the county jail. The municipal court judge advised defendant he was "charged . . . with disorderly conduct by yelling profanities and posturing in a threatening manner towards an officer." The judge further advised defendant of the possible consequences if convicted.*fn1
When asked how he pled to the charge, defendant responded, "Guilty." When asked by the judge as to his sentence recommendation, the prosecutor responded, "250 plus the mandatory." The following colloquy then occurred:
Judge: So, you want to plead guilty, sir? Defendant: Yes, your Honor.
Judge: Is anyone forcing you to plead guilty?
Judge: You're waiving your right to a trial and to an attorney; correct? Yes?
Judge: Do you admit that on April 14, 2010 you were guilty of disorderly conduct?
Defendant: Yes, your Honor.
Judge: I'll accept your ...