STATE OF NEW JERSEY VS. RASON LEACHÂ (09-08-1900, ATLANTIC COUNTY AND STATEWIDE), A-2555-15T2

Background

On the day trial was to begin, Leach pleaded guilty to: first-degree robbery, second-degree assault while eluding, and two counts of second-degree drug distribution under a negotiated sentence totaling 18 years.
Plea colloquy: Leach admitted selling fake cocaine (soap) to an undercover detective, received cash, and threatened the detective with a "strap" (handgun) to keep the money. The court accepted the plea after Leach agreed the threat put the buyer in immediate fear of bodily injury.
Sentenced April 16, 2010, with NERA parole ineligibility periods; Leach appealed sentencing (affirmed) and later filed a pro se PCR petition in 2014.
Leach's PCR claim alleged ineffective assistance of counsel: defense counsel misadvised him that the detective's subjective belief that Leach was armed was sufficient to support an armed-robbery conviction. Leach argued the factual basis was inadequate because he threatened only after obtaining the money and he did not brandish a weapon.
The PCR court denied the petition without an evidentiary hearing; Leach appealed. The Appellate Division reviewed legal conclusions de novo and affirmed the denial.

Issues

Issue	Plaintiff's Argument (State)	Defendant's Argument (Leach)	Held
Whether counsel was ineffective for advising that the victim's subjective belief that defendant was armed sufficed for armed-robbery	Counsel's advice was correct under controlling law; victim's reasonable subjective belief can support armed-robbery	Counsel misadvised Leach; factual basis did not show brandishing or a gesture; threat occurred after money obtained	Counsel not ineffective; advice was legally correct and plea admissions supported a reasonable belief that Leach was armed
Whether plea's factual basis was inadequate (timing of threat)	N/A — State rests on plea colloquy admissions	Plea invalid because threat occurred after taking money, so factual basis insufficient for robbery	Procedurally barred: issue not raised in PCR and should have been raised on direct appeal; court did not consider it on merits
Whether Leach was prejudiced such that he would have gone to trial but for counsel's advice	The plea deal carried significant benefits and Leach faced strong evidence and severe exposure, so he likely would not have risked trial	Leach would not have pled had he known the alleged misadvice was incorrect	No prejudice shown; given admissions, evidence, impeachable convictions, and exposure to extended terms, plea withdrawal would not have been rational
Whether totality of circumstances supports detective's reasonable belief defendant was armed	Yes: prior large-quantity drug sales, common association of dealers with guns, and the verbal threat justified the detective's belief	No: absence of a displayed weapon or overt gesture negates reasonable belief	Totality of circumstances supports a reasonable subjective belief that defendant was armed, so robbery conviction was supported

Key Cases Cited

Strickland v. Washington, 466 U.S. 668 (established two-prong ineffective-assistance test)
Fritz v. State, 105 N.J. 42 (adopts Strickland standard in New Jersey)
State v. DiFrisco, 137 N.J. 434 (defendant vacating plea must show counsel incompetent and reasonable probability he would have gone to trial)
State v. Williams, 218 N.J. 576 (victim's actual and reasonable subjective belief that defendant was armed supports armed-robbery)
State v. Dekowski, 218 N.J. 596 (same principle reaffirmed regarding simulated or real deadly weapon)
State v. Blake, 444 N.J. Super. 285 (standard of de novo review for appellate review of PCR legal conclusions)