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State of New Jersey v. Harold Worthy

December 18, 2012

STATE OF NEW JERSEY, PLAINTIFF-RESPONDENT,
v.
HAROLD WORTHY, DEFENDANT-APPELLANT.



On appeal from the Superior Court of New Jersey, Law Division, Gloucester County, Indictment No. 04-06-0481.

Per curiam.

NOT FOR PUBLICATION WITHOUT THE APPROVAL OF THE APPELLATE DIVISION

Submitted November 14, 2012 -

Before Judges Lihotz and Kennedy.

Defendant Harold Worthy appeals from the Law Division's January 4, 2011 order denying his petition for post-conviction relief (PCR) alleging ineffective assistance of trial counsel in fully explaining the terms, conditions and consequences of entering into a negotiated plea agreement, pleading guilty to the first-degree charges of complicity to commit armed robbery, N.J.S.A. 2C:15-1a(2), 2C:15-1b, 2C:2-6 and aggravated manslaughter, N.J.S.A. 2C:11-4a, an amended charge from felony-murder included in the indictment. On appeal defendant argues:

POINT I

THE ORDER DENYING POST-CONVICTION RELIEF SHOULD BE REVERSED, AND THE DEFENDANT'S GUILTY PLEA AND SENTENCE VACATED, BECAUSE THE DEFENDANT'S FOURTEENTH AMENDMENT DUE PROCESS RIGHT TO BE PROTECTED FROM PLEADING GUILTY TO A CRIME HE DID NOT ADMIT TO OR COMMIT WAS VIOLATED.

POINT II

THE ORDER DENYING POST-CONVICTION RELIEF SHOULD BE REVERSED BECAUSE THE DEFENDANT ESTABLISHED THAT TRIAL COUNSEL RENDERED INEFFECTIVE ASSISTANCE OF COUNSEL UNDER THE STRICKLAND/FRITZ TEST, OR IN THE ALTERNATIVE, THE MATTER SHOULD BE REMANDED FOR A FULL EVIDENTIARY HEARING.

(A) POST-CONVICTION RELIEF SHOULD BE GRANTED BECAUSE TRIAL COUNSEL WAS INEFFECTIVE.

(B) THE DEFENDANT MADE A PRIMA FACIE SHOWING OF INEFFECTIVE ASSISTANCE OF TRIAL COUNSEL.

POINT III

THE COURT'S RULING DENYING POST-CONVICTION RELIEF VIOLATED THE DEFENDANT'S RIGHT TO EFFECTIVE ASSISTANCE OF COUNSEL AS GUARANTEED BY THE SIXTH ...


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