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STATE v. RODRIGUEZ

280 N.J. Super. 590 (1995)

656 A.2d 53

STATE OF NEW JERSEY, PLAINTIFF-RESPONDENT, v. EFRAIN RODRIGUEZ, DEFENDANT-APPELLANT.

Superior Court of New Jersey, Appellate Division.

Decided April 11, 1995.

Attorney(s) appearing for the Case

Susan L. Reisner, Public Defender, attorney for appellant (Linda Mehling, Assistant Deputy Public Defender, of counsel and on the letter brief).

Deborah T. Poritz, Attorney General, attorney for respondent (Gerard C. Sims, Jr., Deputy Attorney General, of counsel and on the brief).

Before Judges LANDAU, CONLEY and NEWMAN.

The opinion of the court was delivered by CONLEY, J.A.D.

Defendant was indicted on two counts of fourth-degree theft, N.J.S.A. 2C:20-3. Pursuant to a plea bargain in which the State agreed not to seek incarceration, he admitted under oath to the theft. That plea was thereafter withdrawn. We are not told why. A second guilty plea was again offered, during which defendant under oath again admitted to the theft. The plea bargain was similar to the first but at...

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