State of New Jersey v. Ernest Jones , 449 N.J. Super. 12 ( 2017 )

NOT FOR PUBLICATION WITHOUT THE
APPROVAL OF THE APPELLATE DIVISION
SUPERIOR COURT OF NEW JERSEY
APPELLATE DIVISION
DOCKET NO. A-5383-13T1
STATE OF NEW JERSEY,
APPROVED FOR PUBLICATION
Plaintiff-Respondent, February 23, 2017
v. APPELLATE DIVISION
ERNEST JONES, a/k/a EARNEST
JONES, ERNEST EVERET JONES,
and ERNEST EVERETT JONES,
Defendant-Appellant.
________________________________________________
Argued December 7, 2015 – Decided January 19, 2017
Resubmitted February 8, 2017 – Decided February 23, 2017
Before Judges Messano, Carroll and Sumners.
On appeal from the Superior Court of New
Jersey, Law Division, Gloucester County,
Docket No. 13-06-00635.
Joseph E. Krakora, Public Defender, attorney
for appellant (John Douard, Assistant Deputy
Public Defender, of counsel and on the
brief).
Christopher S. Porrino, Attorney General,
attorney for respondent (Jeffrey P.
Mongiello, Deputy Attorney General, of
counsel and on the brief).
PER CURIAM
On January 19, 2016, in a published opinion, we affirmed
defendant's conviction of fourth-degree violation of community
supervision for life, N.J.S.A. 2C:43-6.4(d). State v. Jones,
443 N.J. Super. 515, 521, 532 (App. Div.), certif. granted in
part, denied in part, 227 N.J. 147 (2016). After we issued our
opinion, defendant filed a petition for certification.
Subsequently, the State moved before the Law Division to vacate
defendant's conviction and dismiss the indictment with
prejudice, which the trial judge granted. Thereafter, defendant
amended his petition for certification, seeking to withdraw it
and to vacate our judgment and withdraw our published opinion.
The Court granted defendant's motion to withdraw his petition
for certification, but denied the remaining requested relief.
State v. Jones, 227 N.J. 147, 147-48 (2016). In its order, the
Court stated: "[O]n the State's motion, the trial court . . .
vacated defendant's conviction and dismissed the indictment with
prejudice, the State having conceded that under the
circumstances presented . . . , defendant should not have been
indicted for violating a special condition of community
supervision for life . . . ." Id. at 147. The Court further
stated: "The Court directs the Clerk of the Court to publish
this order to provide notice that defendant's judgment of
conviction has been vacated." Id. at 148.
Subsequently, defendant sought reconsideration in the
Appellate Division, requesting that we vacate our prior judgment
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and withdraw our published opinion. We granted that motion,
vacated our prior judgment, and advised that an opinion would be
filed at a later date withdrawing our January 19, 2016 published
opinion. Accordingly, the Law Division's vacation of
defendant's conviction and dismissal with prejudice of the
indictment has required that our prior judgment be vacated and
our published opinion withdrawn as precedent.
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