Facts
- Alvin McCoy was charged in New Jersey with receiving a stolen automobile under N.J.S.A. 2C:20-7.
- McCoy entered a guilty plea, and the trial court took a factual basis from McCoy on the record.
- McCoy testified that he was walking when a friend drove up in a car and called him over.
- McCoy said he was about to get into the car, put his hands on it, and then a police officer told him to freeze; McCoy ran but was caught.
- During the plea colloquy, McCoy admitted he believed the car was stolen and that he intended to get in and “ride around in it,” knowing it was stolen.
- Before sentencing, McCoy moved to withdraw his guilty plea; the trial court denied the motion, concluding the plea was knowing, voluntary, and supported by an adequate factual basis.
- The Appellate Division reversed and remanded, holding the factual basis was inadequate; one judge dissented.
- The State appealed to the Supreme Court of New Jersey as of right.
Issues
- Whether McCoy’s plea colloquy provided an adequate factual basis to support a guilty plea for receiving stolen property (a stolen automobile) in violation of N.J.S.A. 2C:20-7.
Decision
- The Supreme Court of New Jersey affirmed the Appellate Division’s judgment of remand, while disagreeing with the Appellate Division’s reasoning.
- The court held that the factual basis placed on the record was inadequate to support the guilty plea to receiving stolen property.
- The court reasoned that although McCoy admitted knowledge that the car was stolen and an intent to ride in it, the record did not clearly establish facts showing that he had already “received” the vehicle—i.e., obtained possession or control—rather than merely attempting to do so.
- The case was remanded to the Law Division for further proceedings consistent with the opinion (including the possibility of establishing an adequate factual basis or allowing withdrawal of the plea).
Legal Principles
- A trial court may not accept a guilty plea without a factual basis in the record that supports each element of the offense.
- A factual basis must consist of facts describing what the defendant did; conclusory admissions or simple “yes” answers to element-like questions may be insufficient if they do not show conduct meeting the statutory elements.
- Receiving stolen property under N.J.S.A. 2C:20-7 requires proof that the defendant, knowing property was stolen, received it by bringing about a transfer of possession or control, or possessed it with knowledge of its stolen character.
- When the plea record is unclear on an element—such as whether the defendant obtained possession or control, as opposed to being only “getting ready” to do so—the proper remedy may be remand for further proceedings rather than final acceptance of the conviction based on an uncertain plea record.
Conclusion
In State v. McCoy, the New Jersey Supreme Court held that McCoy’s plea colloquy did not supply an adequate factual basis for receiving a stolen automobile because it did not clearly show he had obtained possession or control of the car, and the court affirmed the Appellate Division’s remand for further proceedings.