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State v. Benbow

Superior Court of New Jersey, Appellate Division

September 24, 2013

STATE OF NEW JERSEY, Plaintiff-Respondent,
v.
RASHAD BENBOW, Defendant-Appellant

NOT FOR PUBLICATION WITHOUT THE APPROVAL OF THE APPELLATE DIVISION

Submitted September 3, 2013

On appeal from the Superior Court of New Jersey, Law Division, Essex County, Indictment No. 08-11-3330.

Joseph E. Krakora, Public Defender, attorney for appellant (Alan I. Smith, Designated Counsel, on the brief).

Carolyn A. Murray, Acting Essex County Prosecutor, attorney for respondent (John E. Anderson, Special Deputy Attorney General/ Acting Assistant Prosecutor, on the brief).

Before Judges Alvarez and Maven.

PER CURIAM

Defendant Rashad Benbow appeals the March 22, 2012 Law Division order denying his petition for post-conviction relief (PCR). We affirm.

Defendant entered pleas of guilty pursuant to an agreement with the State resolving an indictment that charged him with first-degree murder, N.J.S.A. 2C:11-3(a)(1), (2) (count one); first-degree felony murder, N.J.S.A. 2C:11-3(a)(3) (count two); first-degree robbery, N.J.S.A. 2C:15-1 (count three); and second-degree aggravated assault, N.J.S.A. 2C:12-1(b) (count four). He entered a guilty plea to an amended charge of first-degree aggravated manslaughter, N.J.S.A. 2C:11-4(a)(1), (c) (count one) and an amended count three, third-degree theft, N.J.S.A. 2C:20-2(b)(2)(d). On the aggravated manslaughter, the State agreed to recommend the imposition of a custodial term not to exceed twenty-two years subject to eighty-five percent parole ineligibility pursuant to the No Early Release Act (NERA), N.J.S.A. 2C:43-7.2(a). Additionally, the maximum sentence that could be imposed on the theft count was five years concurrent.

When defendant established his factual basis, the following exchange took place:

THE COURT: You understand that under the No Early Release Act you're not eligible for parole until you've completed 85 percent of your sentence? And under the plea recommendation in this case of 22 years, 85 percent -- and this is an approximate number only -- would be 18 years, eight months, and 15 days?
THE DEFENDANT: Yes, sir.
THE COURT: Other than what has been discussed with regard to your recommended --additionally, under the No Early Release Act, when you are released from custody you'll be on parole for a period of five years. And should you violate that parole, they could send you back to State prison for an unexpired period of the ...

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