State of New Jersey, Plaintiff-Respondent v. Mildred Barboza, Defendant-Appellant

Summary

The Supreme Court of New Jersey held that when an appellate court finds a guilty plea was entered without an adequate factual basis, the plea, conviction, and sentence must be vacated, the dismissed charges reinstated, and the defendant allowed to re‑plead or proceed to trial; it rejected the Appellate Division's remedy permitting the State to downgrade the offense or reopen the plea proceedings. The Court affirmed the Appellate Division in part, modified its remedy, and remanded for further proceedings consistent with this holding.