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NOT FOR PUBLICATION WITHOUT THE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-3500-24
STATE OF NEW JERSEY,
Plaintiff-Respondent,
v.
LASHAUN SMITH,
Defendant-Appellant.
_______________________
Submitted September 29, 2026 – Decided October 8, 2026
Before Judges Gilson and Gummer.
On appeal from the Superior Court of New Jersey, Law
Division, Atlantic County, Indictment No. 17-12-2481.
Jennifer N. Sellitti, Public Defender, attorney for
appellant (Susan Brody, Designated Counsel, on the
brief).
William E. Reynolds, Atlantic County Prosecutor,
attorney for respondent (James J. Leeds, Assistant
Prosecutor, of counsel and on the brief).
PER CURIAM
Defendant Lashaun Smith appeals from a June 3, 2025 order denying his
petition for post-conviction relief (PCR). He argues:
THE PCR JUDGE ERRED IN FINDING THAT
TRIAL COUNSEL HAD NOT BEEN INEFFECTIVE
IN FAILING TO EFFECTUATE [DEFENDANT'S]
WISH TO PROCEED TO TRIAL.
We reject that argument and affirm substantially for the reasons explained by
Judge Bernard E. Delury, Jr., in his written opinion dated June 3, 2025.
Defendant pled guilty to the first-degree murder of his long-time partner
and mother of their four children, N.J.S.A. 2C:11-(a)(1). Defendant admitted
he had struck the victim four times in her head with a hammer while she was
asleep. He also admitted he had no justification or excuse for committing the
murder. In pleading guilty, defendant testified he was acting voluntarily, no one
had forced or threatened him into pleading guilty, his counsel had reviewed the
evidence with him, and he was satisfied with counsel's representation.
Judge Delury took defendant's guilty plea, sentenced defendant, and heard
argument on defendant's PCR petition. 1 The judge determined that defendant
1
Defendant was sentenced twice. He was originally sentenced to forty years in
prison, subject to the No Early Release Act (NERA), N.J.S.A. 2C:43-7.2. On
direct appeal, we affirmed his conviction but remanded for resentencing to
consider his mental health. See State v. Lashaun Smith, No. A-3029-18 (App.
Div. Oct. 28, 2020). On remand, defendant was sentenced to thirty -eight years
A-3500-24
2
had failed to establish a prima facie showing of ineffective assistance of trial
counsel or prejudice. See Strickland v. Washington, 466 U.S. 668, 687 (1984)
(holding that to establish ineffective assistance of counsel, a defendant must
show that counsel's performance was deficient and defendant had been
prejudiced). See also State v. Fritz, 105 N.J. 42, 58 (1987) (adopting the
Strickland test).
Judge Delucy also determined that there was no need for an evidentiary
hearing because defendant had presented only bald assertions and there were no
material issues of disputed facts concerning the arguments he had raised in his
PCR petition. See State v. Porter, 216 N.J. 343, 355 (2013); R. 3:22-10(b).
Having conducted a de novo review of the record, we agree with the
determinations made by Judge Delucy. We, therefore, affirm the order denying
defendant's PCR petition.
Affirmed.
in prison, subject to NERA. We thereafter affirmed that sentence. State v.
Lashaun Smith, No. A-2643-20 (App. Div. Oct. 27, 2021).
A-3500-24
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