STATE OF NEW JERSEY VS. PAUL WOZNICA(12-02-0355 AND 12-03-0474, MIDDLESEX COUNTY AND STATEWIDE), A-2855-15T2

Background

In 2011 police surveilled residences in Sayreville and South Amboy; undercover buys of OxyContin involved Jessica Clark and Samantha Gavron; defendant Paul Woznica drove Clark and was present for multiple transactions.
Search warrants (Nov. 4, 2011) of the Sayreville home, defendant, and his Camaro recovered oxycodone, other pills, marijuana, an unidentified white substance, and numerous weapons (including stun guns and a Daisy BB gun).
Woznica was indicted on multiple counts, pled guilty pursuant to a plea agreement to conspiracy to distribute CDS, unlawful possession counts (including N.J.S.A. 2C:39-4.1—possession of a firearm while committing/conspiring to commit a controlled dangerous substance offense), and others; sentenced to 12 years with 8 years parole ineligibility.
Woznica did not appeal; he filed a PCR petition alleging (inter alia) inadequate factual basis for the 2C:39-4.1 plea, improper application of the Graves Act escape-valve, and multiple ineffective-assistance claims (allocution, failure to seek escape valve, failure to request mitigating factor 12, failure to appeal).
The PCR court denied relief without an evidentiary hearing; the Appellate Division affirmed, finding the plea colloquy provided an adequate factual basis, the escape-valve claim meritless on the record, and no prima facie ineffective-assistance showing requiring a hearing.

Issues

Issue	State's Argument	Woznica's Argument	Held
Adequacy of factual basis for N.J.S.A. 2C:39-4.1 plea	Plea colloquy, taken in context, supplied facts showing he possessed a firearm while conspiring to distribute CDS	Plea lacked factual basis for firearm charge because no separate predicate drug offense was charged for Nov. 4, 2011 and he had a prescription	Court: plea colloquy (admissions of conspiracy, drugs near weapon, accessibility) was adequate; prescription does not authorize distribution; claim meritless
Applicability/escape-valve to Graves Act parole ineligibility	State declined relief; defendant not entitled absent showing of arbitrariness or manifest injustice	Argues escape-valve should have applied to 2C:39-4.1 and counsel was ineffective for not pursuing it	Court: even if statutory eligibility arguable, defendant failed to show prosecutor acted arbitrarily or that circumstances warranted referral; counsel not ineffective
Ineffective assistance for plea allocution and related counsel errors	Counsel's performance was within professional norms; defendant faced significant exposure making plea rational	Counsel misled during allocution; failed to secure escape valve; failed to request mitigating factor 12; failed to file appeal	Court: Strickland/DiFrisco standard unmet—allocution clear in context, no reasonable probability of different outcome, mitigating factor would have had only slight weight, no affidavit showing defendant instructed counsel to appeal; claims denied
Denial of evidentiary hearing on PCR	No prima facie case shown; documentary record resolves issues	Hearing required to resolve credibility and ineffectiveness claims	Court: PCR court properly denied hearing because defendant did not demonstrate reasonable likelihood of success on merits

Key Cases Cited

State v. Goodwin, 173 N.J. 583 (explains PCR as New Jersey analogue to federal habeas corpus)
State v. Preciose, 129 N.J. 451 (limits on PCR as not a substitute for direct appeal)
State v. O'Donnell, 435 N.J. Super. 351 (App. Div. 2014) (de novo review when PCR court denies hearing and record controls)
State v. Harris, 181 N.J. 391 (standards for appellate review of PCR factual and legal conclusions)
Strickland v. Washington, 466 U.S. 668 (constitutional ineffective-assistance two-prong test)
State v. Fritz, 105 N.J. 42 (adoption of Strickland in New Jersey)
State v. DiFrisco, 137 N.J. 434 (Standards for prejudice in guilty-plea ineffective-assistance claims)
Padilla v. Kentucky, 559 U.S. 356 (deciding to reject a plea must be rational under circumstances)
State v. Des Marets, 92 N.J. 62 (purpose and operation of Graves Act)
State v. Alvarez, 246 N.J. Super. 137 (App. Div. 1991) (escape-valve procedure and requirements for referral/hearing)
State v. Ginty, 243 N.J. Super. 39 (App. Div. 1990) (statutory escape-valve mechanism)
State v. Marshall, 148 N.J. 89 (prima facie standard for entitlement to PCR evidentiary hearing)