STATE OF NEW JERSEY VS. P.M.B.(10-04-0183, SALEM COUNTY AND STATEWIDE)(RECORD IMPOUNDED), A-0273-15T2

Defendant P.M.B. pled guilty to first-degree aggravated sexual assault for anally penetrating his stepson who was under 13; sentenced to seven years with an 85% parole ineligibility under the No Early Release Act.
Defendant filed a pro se PCR petition alleging numerous trial errors and ineffective assistance of counsel (IAC); PCR counsel was appointed and a plenary hearing was held.
At the PCR hearing both defendant and trial counsel testified; the trial judge (who had accepted the plea and imposed sentence) found counsel more credible than defendant.
Key factual disputes: whether counsel adequately reviewed discovery and investigated/witnessed the case; whether counsel pressured defendant to plead; whether counsel misadvised about eligibility for Avenel treatment and about post-conviction parenting/visitation consequences.
The PCR court found counsel reviewed discovery with defendant, correctly advised on sentencing exposure, explained limits on contact with children, and that the State had a strong case; the court also found no prejudice from any alleged lapses and denied relief.
Defendant appealed; the Appellate Division affirmed, holding defendant failed to meet Strickland/Fritz standards for IAC and that many pro se claims were procedurally barred or waived by the guilty plea.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Ineffective assistance: inadequate investigation	Counsel investigated adequately and reviewed discovery with defendant	Counsel failed to interview victim/mother and did not investigate potential witnesses	Court: Counsel credible; performance not deficient; no relief granted
Voluntariness of plea (IAC during plea bargaining)	Plea was knowing/voluntary; record and plea colloquy confirm defendant understood consequences	Counsel pressured defendant into pleading; inaccurate sentencing advice affected decision	Court: No reasonable probability defendant would have gone to trial; plea upheld
Sentencing/Avenel treatment advice	Counsel validly weighed mitigation/aggravation; sentence reflected court’s independent judgment	Counsel misadvised that Avenel required custodial sentence ≥7 years, possibly affecting plea/sentence	Court: State concedes statutory error but defendant showed no prejudice; sentence would stand
Parenting/visitation post-conviction	Counsel informed defendant of statute and limitations; defendant received Sex Offense Restraining Order	Counsel failed to advise about ability to have parenting time with daughter after sentence	Court: Defendant was informed via statute and restraining order; no ignorance; claim fails

Strickland v. Washington, 466 U.S. 668 (Ineffective assistance two-prong standard)
State v. Fritz, 105 N.J. 42 (New Jersey adoption of Strickland standard)
State v. Gaitan, 209 N.J. 339 (IAC standard applied to plea bargaining; prejudice requires reasonable probability defendant would have gone to trial)
State v. Pierre, 223 N.J. 560 (deference to PCR court factual findings)
State v. Webster, 187 N.J. 254 (remand where PCR counsel and court fail to address pro se claims)