986 A.2d 42
411 N.J.Super. 349, 986 A.2d 42
(Cite as: 411 N.J.Super. 349, 986 A.2d 42)
© 2011 Thomson Reuters. No Claim to Orig. US Gov. Works.
Superior Court of New Jersey,
STATE of New Jersey, Plaintiff-Respondent,
Joseph Allen LEE, Defendant-Appellant.
Argued Dec. 16, 2009.
Decided Jan. 19, 2010.
Defendant was convicted upon a pleain the Superior Court, Law Division, Union County,to attempted murder, and he was sentenced to 18years in custody with 85 percent thereof to be served before parole eligibility under the No Early ReleaseAct (NERA). Defendant appealed.
The Superior Court, Appellate Division,Stern, P.J.A.D., held that:
(1)factual basis for the plea to attempted murder wasadequate;
(2)sentence imposed for attempted murder was notexcessive; but
(3)attempted murder does not constitute domesticviolence for purposes of the $100 surcharge to whichdefendants convicted of an act of domestic violenceare subject.
Affirmed in part, vacated in part, and remanded.
Criminal Law 110
110k272Plea of Guilty
110k273(4)Requisites and Proceedingsfor Entry
110k273(4.1)k. In general.MostCited Cases Factual basis for a plea to attempted murder wasadequate, where defendant, in his plea colloquy, ac-knowledged that he attacked victim so hard with ahammer that victim thought that it was imbedded inher chest and acknowledged that he beat victim aboutthe head, causing a skull fracture resulting in 15 sta- ples in her head.
203XIVSentence and Punishment
203k1565Extent of Punishment in General
203k1567k. Murder.Most Cited Cases
Pardon and Parole 284
284Pardon and Parole
284k48Eligibility for Parole or Parole Con-sideration
284k50k. Minimum sentence, and compu-tation of term in general.Most Cited Cases
Sentencing and Punishment 350H
350HSentencing and Punishment
350HIPunishment in General
350HI(E)Factors Related to Offender
350Hk93Other Offenses, Charges, Mis-conduct
350Hk95k. Nature, degree, or serious-ness of other misconduct.Most Cited Cases Sentence for attempted murder of 18 years incustody with 85 percent thereof to be served before parole eligibility under the No Early Release Act(NERA) was not excessive, given defendant's crimi-nal record, which included domestic violence of-fenses and a prior sentence, and injuries suffered byvictim.
102XIVIn Criminal Prosecutions
102k292k. Liabilities of defendant.MostCited Cases