State v. Haynes

Supreme Court of New Jersey
State v. Haynes, 192 N.J. 288 (N.J. 2007)
927 A.2d 1287

State v. Haynes

Opinion of the Court

To the Appellate Division, Superior Court:

A petition for certification of the judgment in A-2033-05 having been submitted to this Court, and the Court having considered the same;

And the record having disclosed that the trial court did not obtain from defendant directly the factual basis for her plea of guilty to a violation of probation, as required by Rule 3:9-2,

And the trial court having failed to afford defendant her right of allocution at sentencing for her violation of probation, as required by Rule 3:21-4(b),

And good cause appearing;

IT IS ORDERED that the petition for certification is granted, and the matter is summarily remanded to the trial court for a proceeding at which defendant either shall provide an adequate factual basis for her plea of guilty pursuant to Rule 3:9-2 or shall withdraw the plea and proceed to trial on the charge of violation of probation; and it is further

ORDERED that if defendant elects to confirm her plea of guilty by providing the court with a satisfactory factual basis for its entry, the trial court shall thereafter resentence defendant, ensuring that she has the opportunity to exercise her right of allocution pursuant to Rule 3:21-4(b).

Jurisdiction is not retained.

Reference

Full Case Name
STATE OF NEW JERSEY, PLAINTIFF-RESPONDENT v. PAMELA HAYNES, DEFENDANT-PETITIONER
Status
Published