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State v. Quevedo

Superior Court of New Jersey, Appellate Division

September 11, 2013

STATE OF NEW JERSEY, Plaintiff-Respondent,
v.
RAMON QUEVEDO, Defendant-Appellant.

NOT FOR PUBLICATION WITHOUT THE APPROVAL OF THE APPELLATE DIVISION

Submitted January 22, 2013

On appeal from Superior Court of New Jersey, Law Division, Hudson County, Indictment No. 08-10-1903.

Joseph E. Krakora, Public Defender, attorney for appellant (Gilbert G. Miller, Designated Counsel, on the brief).

Gaetano T. Gregory, Acting Hudson County Prosecutor, attorney for respondent (Stephanie Davis-Elson, Special Deputy Attorney General/ Acting Assistant Prosecutor, on the brief).

Before Judges Graves and Guadagno.

PER CURIAM

Defendant Ramon Quevedo appeals from a Law Division order dated August 30, 2011, denying his petition for post-conviction relief (PCR). We affirm.

In a four-count indictment, defendant was charged with third-degree aggravated assault upon a police officer, N.J.S.A. 2C:12-1(b)(5)(a) (count one); third-degree resisting arrest, N.J.S.A. 2C:29-2(a) (count two); fourth-degree aggravated assault by spitting bodily fluid on a police officer, N.J.S.A. 2C:12-13 (count three); and fourth-degree criminal mischief, N.J.S.A. 2C:17-3(a) (count four). Pursuant to a negotiated plea agreement, defendant pled guilty to count one. In exchange for the plea, the State agreed not to seek an extended term, to dismiss the remaining charges, and to recommend a five-year sentence with two-and-one-half years of parole ineligibility.

Defendant was forty-nine years old when he entered his guilty plea on April 16, 2009. After he was sworn, defendant testified that he had read the plea form and reviewed it with his attorney, and he was entering his plea voluntarily. Defendant also confirmed that he understood the consequences of his plea, and he provided a factual basis for the plea. In addition, when questioned by the court, defendant testified as follows:

Q. When did you decide to plead guilty?
A. Awhile back already.
Q. Based on the questions I've asked you and the answers you've given me do you still ...

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