02-04-09 State of New Jersey v. Norman A-5662-06T4

02-04-09 State of New Jersey v. William Norman
A-5662-06T4

We reverse the trial court's denial of defendant's petition
for post-conviction relief (PCR), and remand for a plenary
hearing. In 1998, defendant pled guilty pursuant to a
negotiated agreement to first-degree robbery, subject to the No
Early Release Act (NERA). The version of NERA in effect at the
time required that defendant commit a "violent crime," as
defined in the statute. Defendant thus stipulated that he
inflicted "serious bodily injury," as defined in N.J.S.A. 2C:11-
1(b), on the victim of the robbery.

We hold that in order for this stipulation to have a
preclusive effect on the question of whether defendant inflicted
serious bodily injury, the stipulation must be supported by
competent medical evidence. Defendant's mere lay opinion is
insufficient as a matter of law. Defendant also presented
sufficient grounds to relax the five-year limitation period in
Rule 3:22-12. Under these circumstances, defendant established
a prima facie case of ineffective assistance of counsel, thus
entitling him to a plenary hearing.