STATE OF NEW JERSEY VS. CECILIO DAVILA
Defendant entered into a negotiated guilty plea, reserving the right to appeal a pre-trial motion relating only to a dismissed count of the indictment. The majority holds that a defendant's appeal of a pre-trial motion relating only to a dismissed count is moot. To afford this defendant every benefit of his plea agreement, the merits of his claim that insufficient evidence was presented to the grand jury are nevertheless addressed and his conviction affirmed.
Judge Gilson concurs with the majority, but disagrees with the mootness holding, reasoning that defendant properly reserved his right to appeal pursuant to Rule 3:9-3(f).