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STATE v. FERNANDEZ

209 N.J. Super. 37 (1986)

506 A.2d 1245

STATE OF NEW JERSEY, PLAINTIFF-RESPONDENT, v. FEDERICO R. FERNANDEZ, DEFENDANT-APPELLANT.

Superior Court of New Jersey, Appellate Division.

Decided March 5, 1986.

Attorney(s) appearing for the Case

Thomas S. Smith, Acting Public Defender, attorney for appellant (Meris L. Bergquist Designated Counsel, of counsel and on the letter brief).

Irwin I. Kimmelman, Attorney General of New Jersey, attorney for respondent (Debra L. Stone, Deputy Attorney General, of counsel and on the letter brief).

Before Judges MICHELS, GAULKIN and STERN.

The opinion of the Court was delivered by MICHELS, P.J.A.D.

Defendant Federico R. Fernandez appeals from an order of the Law Division denying his petition for post-conviction relief.

Following plea negotiations, in December 1977, defendant pleaded guilty to (1) rape, a violation of N.J.S.A. 2A:138-1 (Third Count of Indictment No. 525-74-M); (2) rape while armed, a violation of N.J.S.A. 2A:138-1 and N.J.S.A. 2A:151-5; and (3) sodomy while...

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