STATE OF NEW JERSEY v. YVONNE RIVERA

 

NOT FOR PUBLICATION WITHOUT THE

APPROVAL OF THE APPELLATE DIVISION

SUPERIOR COURT OF NEW JERSEY

APPELLATE DIVISION

DOCKET NO. A-0757-05T40757-05T4

STATE OF NEW JERSEY,

Plaintiff-Respondent,

v.

YVONNE RIVERA,

Defendant-Appellant.

__________________________________

 

Submitted November 6, 2006 - Decided November 22, 2006

Before Judges Lintner and Seltzer.

On appeal from the Superior Court of

New Jersey, Law Division, Bergen County,

02-09-2209.

Yvonne Smith Segars, Public Defender, attorney for appellant (Stephen A. Caruso, Assistant Deputy Public Defender, of counsel and on the brief).

John L. Molinelli, Bergen County Prosecutor, attorney for respondent (Annmarie Cozzi, Assistant Prosecutor, on the brief).

PER CURIAM

Defendant, Yvonne Rivera, was charged in Bergen County Accusation with fraudulent use of a credit card, N.J.S.A. 2C: 21-6h. Pursuant to a plea agreement, defendant entered a plea of guilty, in return for which the State consented to a three-year term in the Pre-Trial Intervention Program (PTI), which was approved by a Law Division judge on September 25, 2002. On February 18, 2005, a hearing was held before another Law Division judge on allegations that defendant violated her PTI by failing to report and make timely restitution payments. At that hearing, defendant was not given the opportunity to be represented by counsel nor was inquiry made to determine whether she knowingly, intelligently, and voluntarily waived her right to counsel. Following the hearing, the judge terminated defendant's PTI and on May 13, 2005, she was sentenced to a term of two years probation by a third judge.

On appeal, the State concedes that defendant, who was represented by the Office of the Public Defender at her plea hearing, was entitled to representation at the hearing which concluded with revocation of her participation in PTI. We therefore summarily reverse the order terminating defendant's PTI and the subsequent sentence and remand for a new revocation hearing, at which time defendant is to be properly represented by counsel.

Reversed and Remanded.

 

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A-0757-05T4

 

November 22, 2006