State v. Johnson

The opinion of the court was delivered by

WINKELSTEIN, J.A.D.

As a threshold issue in this appeal, we examine the consequences of a sentencing court’s failure to notify a defendant of his right to appeal within forty-five days.

On October 14, 2005, defendant pleaded guilty to a violation of probation (VOP) related to a fourth-degree hindering conviction under Indictment No. 04-01-0015, to which he initially pleaded guilty on March 1, 2004; the court imposed an eighteen-month prison term. The judge also vacated two suspended sentences for third-degree possession of controlled dangerous substance…