Mugglin, J.
Pursuant to a plea agreement, defendant pleaded guilty to the crime of rape in the third degree. Following an unsuccessful oral motion to withdraw his guilty plea, defendant was sentenced as a second felony offender to a prison term of 2 to 4 years in accordance with the agreement. Defendant's appeal was held in abeyance and new counsel assigned after this Court determined that there were nonfrivolous appealable issues to be raised (
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