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State v. Lasane

Superior Court of New Jersey, Appellate Division

December 13, 2013

STATE OF NEW JERSEY, Plaintiff-Respondent,
v.
MICHAEL LASANE, Defendant-Appellant.

NOT FOR PUBLICATION WITHOUT THE APPROVAL OF THE APPELLATE DIVISION

Submitted December 2, 2013

On appeal from the Superior Court of New Jersey, Law Division, Ocean County, Indictment No. 06-02-0365.

Joseph E. Krakora, Public Defender, attorney for appellant in A-1872-11 (Alison Perrone, Designated Counsel, on the brief).

Michael Lasane, appellant pro se in A-1418-12.

Joseph D. Coronato, Ocean County Prosecutor, attorney for respondent (Samuel Marzarella, Supervising Assistant Prosecutor, of counsel; Roberta DiBiase, Senior Assistant Prosecutor, on the brief).

Appellant filed a pro se supplemental brief in A-1872-11.

Before Judges Harris and Kennedy.

PER CURIAM

In these back-to-back appeals, which we consolidate for purposes of this opinion, defendant Michael Lasane appeals (A-1872-11) from the August 8, 2011 order denying his application for post-conviction relief (PCR) without an evidentiary hearing. Lasane separately appeals (A-1418-12) from the September 18, 2012 order dismissing a subsequent application for post-conviction relief. We affirm both orders.

I.

The background of the present matter is found in two opinions: State v. Lasane (Lasane I), 371 N.J.Super. 151 (App. Div. 2004), certif. denied, 182 N.J. 628 (2005), and State v. Lasane (Lasane II), No. A-5242-06 (App. Div. Jan. 8, 2010), certif. denied, 201 N.J. 442 (2010). Familiarity with those opinions is assumed.[1] [2]

In LaSane I, we granted post-conviction relief to permit Lasane to withdraw his previous guilty plea to an accusation charging him with felony murder, N.J.S.A. 2C:11-3(a)(3). Id. at 153. In so doing, we cautioned that "[i]t may be that the negotiated disposition was beneficial to defendant and that he may decide not to withdraw his plea." Id. at 166.

Nevertheless, on February 17, 2006, Lasane withdrew his guilty plea, thereby triggering events that resulted in a jury convicting him in 2007 of first-degree purposeful or knowing murder, N.J.S.A. 2C:11-3(a)(1) and (2); first-degree felony murder, N.J.S.A. 2C:11-3(a)(3); first-degree kidnapping, N.J.S.A. 2C:13-1(b); first-degree ...


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