STATE OF NEW JERSEY VS. A.D.D. (18-09-2337, CAMDEN COUNTY AND STATEWIDE) (RECORD IMPOUNDED)
A-2778-20
| N.J. Super. Ct. App. Div. | Nov 10, 2021Background
- Defendant was indicted for second-degree sexual assault and third-degree child endangerment based on allegations he invited a 5-year-old neighbor into his home intending to touch her vagina for sexual gratification.
- Defendant pleaded guilty to child endangerment in a negotiated plea; the State agreed to dismiss the sexual-assault count and recommend probation.
- At the plea colloquy defendant admitted he invited the child with the purpose to touch her sexually but also stated he ultimately decided not to touch her.
- Defendant moved to withdraw the plea before sentencing, arguing the factual basis was inadequate because he had not completed sexual conduct.
- The trial judge found the factual admissions supported attempted child endangerment and unilaterally treated the plea as to the lesser included offense of attempt, denying withdrawal.
- The Appellate Division, following de novo review, reversed: the factual basis was inadequate for the charged crime and the court lacked authority to convert the plea to an unagreed lesser offense; the plea was vacated and the case remanded.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the plea colloquy supplied a factual basis for child endangerment | Plea admissions showed intent and acts sufficient; Sanders supports jurisdictional/attempt links | Defendant did not admit completing sexual conduct; factual basis only showed an unconsummated attempt | Factual basis inadequate for child endangerment; plea must be vacated |
| Whether the trial court could unilaterally convert the plea to attempted child endangerment | Court may accept factual basis as supporting attempt and thus sustain conviction | Court cannot amend or impose a plea to a different offense without defendant's consent | Court lacked authority to direct entry of a guilty plea to a lesser offense absent defendant's agreement (Barboza) |
| Whether the plea remained knowing/voluntary given conversion to attempt | State contended colloquy admissions and judge's finding preserved voluntariness | Defendant argued he did not agree to plead to attempt; conversion violated Rule 3:9-2 and due process | Unilateral conversion rendered plea invalid; defendant must be restored to pre-plea position |
| Appropriate remedy when factual basis is inadequate | State urged plea should stand as to attempt | Defendant sought vacatur and option to re-plead or go to trial | Vacate the guilty plea, reinstate dismissed charges, allow re-plea or trial (Barboza/Campfield) |
Key Cases Cited
- State v. Barboza, 115 N.J. 415 (1989) (trial court cannot unilaterally modify a plea to a different offense; plea acceptance is all-or-nothing)
- State v. Tate, 220 N.J. 393 (2015) (de novo appellate review of factual-basis adequacy and Rule 3:9-2 requirements)
- State v. Campfield, 213 N.J. 218 (2013) (factual basis may be established by admission of underlying facts; remedy for inadequate basis is vacatur and restoration)
- State v. Gregory, 220 N.J. 413 (2015) (defendant must acknowledge facts constituting essential elements)
- State v. Collier, 90 N.J. 117 (1982) (directing a verdict of guilty to a lesser-included offense infringes constitutional rights)
- McCarthy v. United States, 394 U.S. 459 (1969) (due process supports factual-basis requirement for guilty pleas)
- State v. Sanders, 230 N.J. Super. 233 (App. Div. 1989) (factually distinguishable holding that admissions supported endangerment where a completed act occurred)