STATE OF NEW JERSEY v. JOHN J. DITZLER

 

NOT FOR PUBLICATION WITHOUT THE

APPROVAL OF THE APPELLATE DIVISION

SUPERIOR COURT OF NEW JERSEY

APPELLATE DIVISION

DOCKET NO. A-0210-05T50210-05T5

STATE OF NEW JERSEY,

Plaintiff-Respondent,

v.

JOHN J. DITZLER,

Defendant-Appellant.

___________________________________

 

Submitted November 28, 2006 - Decided December 12, 2006

Before Judges Skillman and Lisa.

On appeal from Superior Court of New Jersey, Law Division, Burlington County, Indictment No. 05-01-066A.

A. Charles Peruto, Jr., attorney for appellant.

Robert D. Bernardi, Burlington County Prosecutor, attorney for respondent (Missy Piccioni, Assistant Prosecutor, of counsel and on the brief).

PER CURIAM

Defendant was charged with sexual assault, in violation of N.J.S.A. 2C:14-2c(4), and endangering the welfare of a child, in violation of N.J.S.A. 2C:24-4a. Pursuant to a plea bargain under which the State agreed to dismiss the sexual assault charge and to recommend that defendant be sentenced to probation, conditioned upon his serving 364 days in the Burlington County Jail, defendant pled guilty to endangering the welfare of a child. Before the scheduled sentencing date, defendant, represented by new counsel, filed a motion to withdraw his guilty plea. After hearing argument by counsel, the trial court denied the motion. The court then sentenced defendant in accordance with the plea agreement to a probationary term, conditioned on defendant serving 364 days in the Burlington County Jail.

On appeal, defendant presents the following arguments:

I. THE TRIAL COURT ERRED IN DENYING THE DEFENDANT'S MOTION TO WITHDRAW GUILTY PLEA AND SENTENCING DATE.

A. THE DEFENDANT'S PLEA SHOULD HAVE BEEN WITHDRAWN BECAUSE IT WAS MADE WITHOUT SUFFICIENT INFORMATION OF THE PENAL CONSEQUENCES OF THAT PLEA.

B. THE INTERESTS OF JUSTICE WOULD BE SERVED BY VACATING THE DEFENDANT'S GUILTY PLEA.

C. THE TRIAL COURT DID NOT HEAR EVIDENCE OR TESTIMONY ON THE MOTION TO WITHDRAW GUILTY PLEA AND SENTENCING DATE.

We reject these arguments and affirm the trial court's denial of defendant's motion to withdraw his guilty plea and for an evidentiary hearing regarding that motion substantially for the reasons set forth in Judge Smith's August 4, 2005 oral opinion.

 
Affirmed.

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3

A-0210-05T5

RECORD IMPOUNDED

December 12, 2006