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State of New Jersey v. D.P.H

November 7, 2012

STATE OF NEW JERSEY, PLAINTIFF-RESPONDENT,
v.
D.P.H., DEFENDANT-APPELLANT.



On appeal from Superior Court of New Jersey, Law Division, Middlesex County, Indictment No. 10-09-1395.

Per curiam.

RECORD IMPOUNDED

NOT FOR PUBLICATION WITHOUT THE APPROVAL OF THE APPELLATE DIVISION

Argued May 23, 2012

Before Judges Lihotz, Waugh and St. John.

On April 27, 2011, defendant D.P.H. pled guilty, pursuant to a negotiated agreement, to one count of second-degree sexual assault, N.J.S.A. 2C:14-2(b).*fn1 The sexual assault occurred before 1985 and the victim, defendant's daughter, was younger than six-years old at that time. After reviewing the record in light of the contentions advanced on appeal, we reverse in part and affirm in part.

I.

At the plea hearing, it was explained to defendant that he would be required to register as a sex offender, N.J.S.A. 2C:7-2, and be subject to community supervision for life (CSL).*fn2

N.J.S.A. 2C:43-6.4. With the assistance of his attorney, defendant reviewed and signed a form concerning the conditions of CSL. Defendant thereby acknowledged the "Megan's Law" consequences of his plea. See L. 1994, c. 130. Defendant then provided a factual basis for his offense.

At the conclusion of the plea hearing, defense counsel notified the court that he would be making a motion to argue that CSL for defendant's 1985 offense violates the United States and New Jersey Constitutions. However, counsel acknowledged that the outcome of this motion would not affect defendant's guilty plea.

Based on a report prepared by a staff psychologist at the Adult Diagnostic and Treatment Center (ADTC), N.J.S.A. 2C:47-2, the court found defendant's conduct to be of a compulsive and repetitive nature. Consequently, on September 9, 2011, consistent with his plea agreement,*fn3 the court sentenced defendant to a three-year term of imprisonment to be served at the ADTC, where he would participate in sex offender treatment. N.J.S.A. 2C:47-3. The court also ordered defendant to register as a sex offender, N.J.S.A. 2C:7-2, and to be subject to CSL.

Defendant subsequently filed a notice of appeal regarding the court's denial of his motion to preclude the imposition of CSL. This appeal ensued.

II.

Defendant raises the following point ...


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