RECORD IMPOUNDED
NOT FOR PUBLICATION WITHOUT THE
APPROVAL OF THE APPELLATE DIVISION
This opinion shall not "constitute precedent or be binding upon any court." Although it is posted on the
internet, this opinion is binding only on the parties in the case and its use in other cases is limited. R. 1:36-3.
SUPERIOR COURT OF NEW JERSEY
APPELLATE DIVISION
DOCKET NO. A-0118-18T4
STATE OF NEW JERSEY,
Plaintiff-Respondent,
v.
EMILIO J. ROMAN,
Defendant-Appellant.
__________________________
Submitted November 14, 2019 – Decided November 22, 2019
Before Judges Haas and Mayer.
On appeal from the Superior Court of New Jersey, Law
Division, Camden County, Indictment No. 11-12-2898.
Joseph E. Krakora, Public Defender, attorney for
appellant (Monique Moyse, Designated Counsel, on the
brief).
Jill S. Mayer, Acting Camden County Prosecutor,
attorney for respondent (Jason Magid, Special Deputy
Attorney General/Acting Assistant Prosecutor, of
counsel and on the brief).
PER CURIAM
Defendant appeals from a July 18, 2018 order denying his petition for
post-conviction relief (PCR) without an evidentiary hearing. We affirm.
In December 2011, defendant was charged with second-degree sexual
assault, N.J.S.A. 2C:14-2(c)(4); third-degree endangering the welfare of a child,
N.J.S.A. 2C:24-4(a); second-degree endangering the welfare of a child, N.J.S.A.
2C:24-4(b)(3); second-degree endangering the welfare of a child, N.J.S.A.
2C:24-4(b)(5)(a); fourth-degree endangering the welfare of a child, N.J.S.A.
2C:24-4(b)(5)(b); second-degree attempted aggravated assault, N.J.S.A. 2C:5-1
and N.J.S.A. 2C:14-2(a)(1); and second-degree luring, N.J.S.A. 2C:13-6. The
charges involved multiple minor victims.
Defendant pleaded guilty to two counts of third-degree endangering the
welfare of a child. On January 11, 2013, he was sentenced in accordance with
a plea agreement to concurrent four-year terms with a two year period of parole
ineligibility. The sentencing judge advised defendant that he would be subject
to Megan's Law and Parole Supervision for Life (PSL).
In August 2017, defendant filed a pro se PCR petition. PCR counsel filed
a brief on behalf of defendant, arguing defendant's trial attorney failed to advise
defendant adequately regarding the ramifications of PSL. Defendant contends
he was not made aware that he could be incarcerated for non-criminal offenses.
A-0118-18T4
2
In a detailed and well-reasoned oral opinion on July 13, 2018, Judge John
Thomas Kelley denied defendant's petition.
Defendant raises the following argument:
MR. ROMAN IS ENTITLED TO AN EVIDENTIARY
HEARING ON HIS CLAIM THAT HIS ATTORNEY
RENDERED INEFFECTIVE ASSISTANCE OF
COUNSEL BY FAILING TO INFORM HIM
ADEQUATELY OF THE REQUIREMENTS AND
CONSEQUENCES OF PAROLE SUPERVISION FOR
LIFE SUCH THAT HE DID NOT UNDERSTAND
THAT HE COULD BE INCARCERATED FOR A
NON-CRIMINAL OFFENSE.
We are satisfied the record contains overwhelming evidence that
defendant was advised of the consequences of his guilty plea, including PSL.
Defendant circled "Yes" in response to Question 4(b)(4) of the supplemental
plea form, which addressed PSL and advised he could be incarcerated if he
violated a condition of PSL. In addition, the plea forms were signed by
defendant, acknowledging he understood the terms of the plea. Further, during
the plea hearing on November 14, 2012, the judge asked if defendant reviewed
the specific conditions of the plea, including "community supervision for life,"
and defendant responded that he reviewed and understood the plea forms and
the conditions contained in the plea forms.
A-0118-18T4
3
Based on our review of the record, we discern no error in the PCR judge's
decision that an evidentiary hearing was not required. See R. 3:22-10(b). We
affirm substantially for the reasons stated by Judge John Thomas Kell ey in his
July 13, 2018 oral decision.
Affirmed.
A-0118-18T4
4
STATE OF NEW JERSEY VS. EMILIO J. ROMAN (11-12-2898, CAMDEN COUNTY AND STATEWIDE) (RECORD IMPOUNDED)
Combined Opinion