McFadden v. State

Defendant pleaded guilty to possession of cocaine, driving with suspended license, no proof of insurance and failure to use safety belts and received nearly a four-year probated first offender sentence. He appeals from the superior court’s order resentencing him to ten years to serve following a resentencing hearing occasioned by the State’s discovery of a New Jersey felony conviction for possession of cocaine, rendering him ineligible for first offender treatment. In four enumerations of error, the defendant challenges the validity of his guilty plea, and his sentencing under the First Offender Act error. Held:

1. In his first enumeration of error, defendant contends that the superior court erred in accepting his guilty plea for its failure to establish on the record the factual basis underlying his conviction for possession of cocaine under Uniform Superior Court Rule USCR 33.9.1 In this regard, defendant argues that he denied owning the pipe containing traces of cocaine underlying the possession of cocaine charge against him in responding to questions put to him by the State’s attorney at his guilty plea hearing.