NOT FOR PUBLICATION WITHOUT THE APPROVAL OF THE APPELLATE DIVISION
Submitted December 17, 2013
On appeal from Superior Court of New Jersey, Law Division, Camden County, Indictment Nos. 04-07-2828 and 05-06-2436.
Joseph E. Krakora, Public Defender, attorney for appellant (Adam W. Toraya, Designated Counsel, on the brief).
Warren W. Faulk, Camden County Prosecutor, attorney for respondent (Linda A. Shashoua, Assistant Prosecutor, of counsel and on the brief).
Before Judges Reisner and Carroll.
Defendant Joremi Naranjo appeals from a May 13, 2011 Law Division order denying his petition for post-conviction relief (PCR). Defendant contends that his plea counsel was ineffective because he failed "to provide him with clear and correct advice regarding community supervision for life rules and regulations" that were a consequence of his guilty plea. We affirm.
Pursuant to a plea agreement, on August 8, 2005, defendant pled guilty to a single-count indictment charging him with second-degree sexual assault, N.J.S.A. 2C:14-2c(1). Defendant also pled guilty to first-degree aggravated arson, N.J.S.A. 2C:17-1a(2), charged in a second indictment. In exchange for defendant's guilty plea, the State agreed to dismiss the remaining nine counts charged in the second indictment, and to recommend a sentence of seven years imprisonment on the aggravated arson charge and a concurrent five year prison term on the sexual assault charge. Defendant's aggregate seven year sentence was subject to the No Early Release Act (NERA), and Megan's Law, including community supervision for life (CSL).
In addition to the standard plea form, defendant completed the NERA plea form and the supplemental plea forms for sexual offenses. Defendant testified at the plea hearing that he reviewed and understood the plea forms before signing them, his plea counsel reviewed the forms with him in detail and answered all his questions, and that he was satisfied with counsel's services. Counsel similarly represented on the record that he went over all of the plea forms with defendant, adding:
And then finally, Judge, I filled out the three page plea form for Megan's Law registration and address verification, community supervision for life[, ] internet posting and SANE penalty and also civil commitment. I explained all those implications to my client, he understands that, Judge . . . .
Notably, defendant answered "YES" on the supplemental plea form to the questions that asked:
4. Community Supervision for Life
(a) Do you understand that if you are pleading guilty to the crime of . . . sexual assault . . . the Court in addition to any other sentence, will impose a special ...