State of New Jersey v. Joel T. Tompkins
CourtNew Jersey Superior Court Appellate Division
Date FiledNovember 4, 2026
DocketA-2721-24
StatusUnpublished
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Full Opinion
RECORD IMPOUNDED
NOT FOR PUBLICATION WITHOUT THE
APPROVAL OF THE APPELLATE DIVISION
This opinion shall not "constitute precedent or be binding upon any court ." Although it is posted on the
internet, this opinion is binding only on the parties in the case and its use in other cases is limited. R. 1:36-3.
SUPERIOR COURT OF NEW JERSEY
APPELLATE DIVISION
DOCKET NO. A-2721-24
STATE OF NEW JERSEY,
Plaintiff-Respondent,
v.
JOEL T. TOMPKINS,
Defendant-Appellant.
______________________
Argued October 21, 2026 – Decided November 4, 2026
Before Judges Puglisi and Jacobs.
On appeal from the Superior Court of New Jersey, Law
Division, Morris County, Accusation No. 99-01-0078.
James H. Maynard argued the cause for appellant
(Maynard Law Office, LLC, attorneys; James H.
Maynard, Designated Trial Counsel, on the briefs).
Michelle Ghali, Assistant Prosecutor, argued the cause
for respondent (Robert J. Carroll, Morris County
Prosecutor, attorney; Michelle Ghali, of counsel and on
the brief).
PER CURIAM
Defendant Joel Tompkins appeals from the denial of a motion to withdraw
his 1999 guilty plea to second-degree endangering the welfare of a child by
reproducing child sexual exploitation material (CSEM). 1 We affirm.
I.
In January 1999, defendant agreed to plead guilty to four counts of an
Accusation charging: third-degree burglary, N.J.S.A. 2C:18-2(a)(1); fourth-
degree possession of a prohibited weapon (hollow-tip bullets), N.J.S.A. 2C:39-
3(f); third-degree illegal sale of a firearm, N.J.S.A. 2C:39-9; and second-degree
endangering the welfare of a child (reproducing CSEM for the purpose of
distributing), N.J.S.A. 2C:24-4(b)(4). The charges arose from defendant's theft
and sale of firearms from his former employer and the later discovery of CSEM
on his computer during a warranted search of his bedroom.
Terms of the plea agreement contemplated the possibility of a
probationary sentence dependent on defendant's cooperation with federal
authorities in a pending illegal firearms sales investigation. In August 1999,
1
The motion court referred to the subject material as CSAM (Child Sexual
Abuse Material). Counsel for the State and defendant uniformly referred to the
subject images as CSEM (Child Sexual Exploitation Material). Case law uses
both acronyms, and we perceive them as equivalent. Thus, for ease of
understanding and consistency, we refer to the subject material as CSEM.
A-2721-24
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defendant was sentenced to five years' probation, Community Supervision for
Life (CSL), and Megan's Law. N.J.S.A. 2C:43-6.4; N.J.S.A. 2C:7-1 to -23.
In March 2010, on motion of defendant, the judgment of conviction was
amended to correct a scrivener's error, with consent of the State, from N.J.S.A.
2C:24-4(b)(5) (distribution of CSEM) to 2C:24-4(b)(4) (reproduction of CSEM
for the purpose of distributing). In addition, the State agreed, and the court
approved, defendant's request to remove the special sentence of CSL.
In October 2024, defendant moved to withdraw his 1999 guilty plea to the
child endangerment count. At the time of defendant's guilty plea, N.J.S.A.
2C:24-4(b)(4), later amended in 2017, criminalized the reproduction of "item[s]
depicting the sexual exploitation or abuse of a child," or CSEM. In a supporting
certification, defendant argued his actions—purportedly making backup copies
of CSEM solely for personal use—did not constitute "reproduction" under
N.J.S.A. 2C:24-4(b)(4). See State v. Sisler, 177 N.J. 199, 207 (2003) (holding
photocopying or reproduction of CSEM for personal use does not constitute
reproduction under N.J.S.A. 2C:24-4(b)(4)). Defendant further observed the
Slater factors, typically considered in a motion to vacate a guilty plea, do not
apply when asserting innocence based on the alleged insufficiency of the factual
basis for a plea. State v. Slater, 198 N.J. 145, 157-58 (2009); State v. Tate, 220
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N.J. 393, 404-05 (2015). Due to the significant passage of time, a transcript of
the plea proceeding was unavailable.
Following oral argument, Judge Ralph E. Amirata denied the motion in an
oral decision, entering a March 27, 2025 order the same day. The judge rejected
defendant's claim he made backup copies of CSEM for personal use without
intent to distribute them. In making this finding, the judge relied on the "Offense
Information" section of the presentence report, the affidavit submitted in support
of the search warrant, and law enforcement's summary of defendant's statements
during interrogation. This evidence persuaded the judge it was defendant's
intent to "trade" CSEM over the internet to "get better stuff," as defendant
described his actions in a Mirandized 2 statement to investigators.
Acknowledging the applicability of Tate where a defendant's claim is
limited to innocence based on a plainly insufficient factual basis, the judge
concluded Tate was inapposite, because defendant's motion was
more accurately described as an analysis of the plea in
relation to a later court ruling on the applicable statute
based on defendant's current recollection of his
statements under oath in 1999, and not a question of the
adequacy of the factual basis offered and accepted by
the [c]ourt in 1999.
2
Miranda v. Arizona, 384 U.S. 486 (1966).
A-2721-24
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Based on this conclusion, the judge assessed the Slater factors: "(1)
whether the defendant has asserted a colorable claim of innocence; (2) the nature
and strength of defendant's reasons for withdrawal; (3) the existence of a plea
bargain; and (4) whether withdrawal would result in unfair prejudice to the State
or unfair advantage to the accused." 198 N.J. at 157-58.
The judge's comments about Tate formed the basis for his determination
on the first Slater factor, concluding defendant was not genuinely asserting a
claim of innocence, but rather reframing his conduct to align with the reasoning
in Sisler. Accordingly, the judge weighed the first factor against defendant. In
evaluating the second and third Slater factors, the judge questioned whether
defendant's reasons for withdrawal carried "any force" given the significant
passage of time. He observed defendant had not sought to withdraw his guilty
plea in 2010, when he moved to amend the judgment of conviction, thereby
undermining the force of this belated application. Moreover, the judge
recognized defendant had received substantial benefits from the plea bargain;
namely, a favorable probationary sentence and immunity from further
prosecution. Fourth, the judge determined that allowing withdrawal of the plea
would unfairly prejudice the State, considering the loss of records, diminished
memories, and the challenges of prosecuting a case more than twenty-five years
A-2721-24
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after the events. Accordingly, the judge found all four factors weighed against
withdrawal.
In addition, the judge found "defendant's motion to withdraw his plea [was
not] to correct . . . [a] manifest injustice. This [c]ourt finds no evidence of a
manifest injustice."
On appeal, defendant raises the following arguments.
POINT I
DEFENDANT IS ENTITLED TO WITHDRAW HIS
GUILTY PLEA . . . BECAUSE DEFENDANT'S PLEA
ALLOCUTION FAILED TO INCLUDE AN
ADMISSION TO FACTS SUFFICIENT TO SATISFY
ALL THE ELEMENTS OF THE CHARGED
OFFENSE.
A. When an Adequate Factual Basis Does
Not Support a Guilty Plea, the Plea May Be
Withdrawn without an Analysis of the
Slater Factors.
B. N.J.S.A. 2C:24-4(b)(4) Establishes
Three Distinct Classes of Criminal
Conduct, Each with Their Own Elements.
C. The Only Provision of N.J.S.A. 2C:24-
4(b)(4) Under Which the State Sought to
Prosecute [Defendant], and the Only
Provision to Which His Counsel Sought to
Plead [Defendant] Guilty, Was the
Reproduction Provision.
A-2721-24
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D. Case Law Precedent Has Established
that N.J.S.A. 2C:24-4(b)(4) Does Not
Prohibit the Backing Up of CSEM Images
to Compact Discs.
POINT II
ALTERNATIVELY, DEFENDANT HAS SATISFIED
THE FOUR FACTOR BALANCING TEST OF
SLATER, WARRANTING WITHDRAWAL OF HIS
PLEA TO [THE SUBJECT] COUNT . . . OF THE
ACCUSATION TO PREVENT A MANIFEST
INJUSTICE.
POINT III
THE TRIAL COURT ERRORS OF LAW REQUIRE
DE NOVO REVIEW OF THE COURT'S DECISION.
A. The Trial Court Erroneously Concluded
that N.J.S.A. 2C:24-4(b)(4)
Criminalized Distribution of CSEM.
B. The Court Erred In Determining that
State v. Tate, 220 N.J. 393 (2015) Was
Inapplicable to [Defendant]'s Motion to
Vacate His Plea.
POINT IV
THE TRIAL COURT ABUSED ITS DISCRETION BY
RELYING ON THE HEARSAY SUMMARY OF
DETECTIVE MARK SMITH TO DETERMINE
[DEFENDANT] "TRADED" CSEM, CONTRARY TO
THE STATE'S REPRESENTATION THAT HE DID
NOT TRADE.
A-2721-24
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A. The State Repeatedly Asserted that the
State Was Not Alleging that
[Defendant] Trade[d] CSEM.
B. Contrary to Representations Made By
the State, the Court Found that
[Defendant] Had Traded CSEM Based
on the Hearsay Report of Detective
Mark Smith
II.
Where a trial court denies a defendant's motion to withdraw a plea
supported by a factual basis, we review for an abuse of discretion. State v. Lipa,
219 N.J. 323, 332 (2014). That standard of review is appropriate because the
trial court has made "qualitative assessments about the nature of a defendant's
reasons for moving to withdraw his plea and the strength of his case and because
the court is sometimes making credibility determinations about witness
testimony." Tate, 220 N.J. at 404.
When reviewing the adequacy of a guilty plea's factual basis, our review
is de novo because "the trial court is not making a determination based on
witness credibility or the feel of the case, circumstances that typically call for
deference to the trial court." Ibid.; see also State v. Barboza, 115 N.J. 415, 422
(1989) ("The discretion of the trial court in assessing a plea is limited to assuring
that the criteria for a valid plea of guilty have been met.") ; State v. Campfield,
A-2721-24
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213 N.J. 218, 230-32 (2013) (analyzing whether factual basis existed without
need to discuss Slater factors). Should we determine "a factual basis has not
been given to support a guilty plea, the analysis ends and the plea must be
vacated." Tate, 220 N.J. at 404.
Motions filed at or before sentencing should be granted in the "interests
of justice." R. 3:9-3(e). In such circumstances, trial courts should exercise their
discretion liberally to allow plea withdrawals. State v. Smullen, 118 N.J. 408,
416 (1990). "In contrast, after sentencing defendants must show their conviction
was manifestly unjust in appealing to the court's broad discretion. " Slater, 198
N.J. at 156. Rule 3:21-1 provides: "[a] motion to withdraw a plea of guilty or
non vult shall be made before sentencing, but the court may permit it to be made
thereafter to correct a manifest injustice." In both scenarios, "the burden rests
on the defendant, in the first instance, to present some plausible basis for his
request, and his good faith in asserting a defense on the merits." Smullen, 118
N.J. at 416 (quoting State v. Huntley, 129 N.J. Super. 13, 17 (App. Div. 1974)).
With these well-established principles in mind and after reviewing the
record, we are satisfied Judge Amirata correctly determined defendant's reliance
on Tate was misplaced. In Tate, the defendant moved to withdraw his guilty
plea before imposition of sentence. 220 N.J. at 404. The Court had the benefit
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of a plea transcript in which defense counsel and the prosecutor articulated a
factual basis, to which defendant assented by stating "[y]es." Id. at 399. The
Court disapproved eliciting a factual basis in this way, reaffirming the principle
that "before accepting a guilty plea, 'the trial court must be satisfied from the
lips of the defendant that he committed the acts which constitute the crime. '" Id.
at 406 (quoting Smullen, 118 N.J. at 415) (internal quotation marks omitted).
By contrast, the record here contains no transcript. Thus, there is no way
to readily determine how the factual basis was elicited, what was said, or by
whom. In this context, the judge did not abuse his discretion in finding
defendant's certification to be self-serving and turning to surrounding
circumstances to ascertain the salient facts. 3 Our Supreme Court has held "[a]
defendant's admission or acknowledgment may be completely understood . . . in
light of all surrounding circumstances." Barboza, 115 N.J. at 422 (citing State
v. Sainz, 107 N.J. 283, 293 (1987)). See Sainz, 107 N.J. at 293 ("A defendant's
admissions or factual version need not be the sole source of information for the
3
We note, however, defendant's certification is not entirely self -serving in that
he states, "At my plea hearing, I do not recall being asked whether I traded child
pornography, but do recall that when asked about the endangering the welfare
of a child charge, I admitted to downloading child pornography and making
backup copies" (emphasis added). Defendant's lack of recollection to this
critical aspect of his allocution lends further support to Judge Amirata's finding
of distributive intent based on surrounding circumstances.
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court's sentencing decision. . . . [A] court may look to other evidence in the
record when making such determinations [and] should consider 'the whole
person,' and all the circumstances surrounding the commission of the crime. ").
Those surrounding circumstances, as found by Judge Amirata, consisted
of a case detective's summary of defendant's statement that defendant had traded
his CSEM for "better stuff." Summarizing defendant's admission, the detective
wrote:
I asked [defendant] how he started his child
pornography collection. He said he first made contact
with individuals on the [i]nternet who were willing to
trade pictures (of child pornography) they had. At that
time he had no pictures of children to trade. He traded
nude pictures of adults for child pornography, in effect
cheating the other person in the trade who was
expecting to get child pornography in return for child
pornography. [Defendant] said he eventually built up a
collection of his own child pornography and was able
to make trades for "better stuff," referring to other types
of child pornography.
Based, in part, on this statement, the judge found defendant had traded or
distributed CSEM, supporting the conclusion he reproduced CSEM for the
purpose of distributing it, consistent with his guilty plea to that count under
N.J.S.A. 2C:24-4(b)(4).
Judge Amirata also referenced the "offense circumstances" portion of
defendant's presentence report, "deemed accurate at the time [of sentence]," in
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which the probation department described items recovered during the search of
defendant's bedroom: "[police] also found numerous images depicting child
pornography which he downloaded from the internet onto his computer. The
pictures were traded with various people via the internet." Once more, this
memorialization of defendant's conduct by his own words reflects an intent to
distribute CSEM.
Although hearsay, these portions of the presentence report are admissible
at sentencing and, by extension, may be considered by the motion court if found
reliable.
A sentencing judge may exercise a far-ranging
discretion as to the sources and types of evidence used
to assist him or her in determining the kind and extent
of punishment to be imposed. Williams v. New York,
337 U.S. 241 (1949). This universal understanding of
sentencing discretion is consistent with our traditional
approach to the information that can and should be
available generally in sentencing. Presentence
materials can be placed before the sentencing tribunal
without surmounting regular hurdles of evidential
admissibility. Sentencing deliberations may
appropriately take into account matters that would not
satisfy conventional evidential standards. N.J.S.A.
2C:44-6; R. 3:21-2; State v. Marzolf, 79 N.J. 167
(1979); State v. Green, 62 N.J. 547 (1973). In short,
the sentencing process should embrace an evidential
inquiry "broad in scope, largely unlimited either as to
the kind of information that may be considered, or the
source from which it may come." United States v.
Tucker, 404 U.S. 443, 446 (1972).
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[State v. Davis, 96 N.J. 611, 619-20 (1984).]
See also N.J.R.E. 101(a)(3)(C) (providing "proceedings in a criminal . . . action
in which information is presented for the court's use in exercising a sentencing
or other dispositional discretion" are a recognized relaxation of our rules against
hearsay").
Further, as recognized in Tate, our jurisprudence allows for reliance on
"surrounding circumstances" in cases where a challenge to the sufficiency of a
factual basis is brought long after imposition of sentence, as in State v. Mitchell,
126 N.J. 565, 581-81 (1992). Tate, 220 N.J. at 407-08. The Court cautioned,
"however, surrounding circumstances cannot substitute for the failure to elicit
an adequate factual basis from a defendant, where a timely motion or appeal is
made to vacate a plea." Id. at 408. "Rule 3:22-12 allows a court to review a
petition filed more than five years from the date of the judgment of conviction
if the petition alleges facts demonstrating . . . the delay was due to . . .
defendant's excusable neglect. . . . If the petitioner does not allege sufficient
facts, the Rule bars the claim." Mitchell, 126 N.J. at 577. It is beyond dispute
the motion in question was not timely, as it was equally ripe in 2010, when
defendant moved to amend the judgment of conviction. Defendant did not
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provide any satisfactory explanation for why this application was not made at
that time.
Thus, on de novo review, we discern no error in the judge's factual
findings concluding defendant's conduct fell within N.J.S.A. 2C:24-4(b)(4),
given the surrounding circumstances reflected in the presentence report and
defendant's statement to the case detective, the untimely nature of defendant's
motion, and the absence of manifest injustice. We therefore affirm the denial of
defendant's motion to withdraw his 1999 guilty plea.
To the extent we have not specifically addressed any remaining
arguments, they are without sufficient merit to warrant discussion in a written
opinion. R. 2:11-3(e)(2).
Affirmed.
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