STATE OF NEW JERSEY VS. LATIA R. HARRISÂ (14-11-0654, SALEM COUNTY AND STATEWIDE), A-1528-15T3

Defendant Latia Harris assaulted a smaller victim and her three-year-old child on June 24, 2014; surveillance video showed Harris knock the victim down, kneel on her, punch her multiple times, kick her, and threaten the child.
The victim sustained multiple nasal fractures, nasal septal deviation, soft-tissue swelling, and a head injury requiring hospital treatment.
Indicted for second-degree aggravated assault and two counts of terroristic threats; video was central to the State's case and trial court denial of a dismissal motion.
On April 20, 2015, Harris pleaded guilty to second-degree aggravated assault (to be sentenced as a third-degree offense) pursuant to a plea agreement: State to recommend a three-year NERA term and dismiss terroristic-threat counts.
Prior to sentencing, Harris moved to modify or withdraw her plea under State v. Slater, arguing she did not intend or attempt to cause serious bodily injury; the trial court denied the motion and imposed the agreed sentence.
Harris appealed the denial; the Appellate Division affirmed, concluding she failed to meet the Slater factors, particularly the requirement to assert a colorable claim of innocence.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether the trial court abused its discretion in denying Harris's pre-sentencing motion to withdraw her guilty plea under Slater	Denial proper: video and medical evidence show multiple blows and serious injury; Harris's claim of no intent is meritless and amounts to a change of heart	Harris lacked intent to cause serious bodily injury and did not attempt it; the assault was brief and unarmed, so she has a colorable claim of innocence warranting plea withdrawal	Affirmed: no abuse of discretion. Harris failed to present specific, credible facts showing a colorable claim of innocence; plea was voluntary and Slater factors weigh against withdrawal

State v. Slater, 198 N.J. 145 (2009) (sets four-factor test for pre-sentencing plea withdrawal and explains burden differences before vs. after sentencing)
State v. Taylor, 80 N.J. 353 (1979) (court should liberally permit pre-sentencing plea withdrawals in close cases)
State v. Russo, 262 N.J. Super. 367 (App. Div. 1993) (defendant bears burden to show fairness requires withdrawal and must balance competing factors)
State v. Phillips, 133 N.J. Super. 515 (App. Div. 1975) (appellate review of plea-withdrawal rulings is for abuse of discretion)