RECORD IMPOUNDED NOT FOR PUBLICATION WITHOUT THE APPROVAL OF THE APPELLATE DIVISION This opinion shall not "constitute precedent or be binding upon any court."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-1612-15T2 STATE OF NEW JERSEY, Plaintiff-Respondent, v. MICHAEL F. CALDERON, a/k/a MICHAEL FERNANDO CALDRON, and MICHAEL CALDERONE, Defendant-Appellant. _____________________________ Argued telephonically May 20, 2020 – Decided August 5, 2020 Before Judges Koblitz, Gooden Brown, and Mawla. On appeal from the Superior Court of New Jersey, Law Division, Essex County, Indictment No. 15-02-0461. Joseph J. Russo, Deputy Public Defender, argued the cause for appellant (Joseph E. Krakora, Public Defender, attorney; Joseph J. Russo, of counsel and on the briefs). Barbara A. Rosenkrans, Special Deputy Attorney General/Acting Assistant Prosecutor, argued the cause for respondent (Theodore N. Stephens II, Acting Essex County Prosecutor, attorney; Barbara A. Rosenkrans, of counsel and on the brief). PER CURIAM Defendant Michael Calderon appeals from his November 17, 2015 amended judgment of conviction and sentence on forty-four counts of crimes involving the sexual assault of Jenny,1 a child less than thirteen years old, between July 1, 2005, and August 31, 2011. A jury convicted defendant of all forty-four counts of a superseding indictment that charged him with three counts of second-degree endangering the welfare of a child for whom he had a duty to care, N.J.S.A. 2C:24-4(a), and three counts of first-degree aggravated sexual assault, N.J.S.A. 2C:14-2(a)(1), per year for seven years based on different sexual behaviors, plus an additional count of first-degree videotaping sex acts between himself and Jenny, N.J.S.A. 2C:24-4(b)(3), and a count of second- degree reproducing an image of Jenny in a prohibited sexual act, N.J.S.A. 2C:24- 4(b)(4). At a status conference for the initial indictment, defendant rejected a plea offer with a maximum sentence that the court characterized as "eight flat time 1 We use pseudonyms to refer to the victim of child sexual abuse and her family to preserve her anonymity. R. 1:38-3(c)(9). A-1612-15T2 2 served at sentencing," which we understand to mean eight years in prison with no parole ineligibility, with credit given for the four years he had spent in pre- trial incarceration. Defendant rejected the plea offer because he did not wish to be deported. After trial on the superseding indictment, the trial court sentenced defendant, who was in his sixties, to consecutive twenty-year terms on eight of the first-degree counts, a total of 160 years in prison. Seven of those first-degree counts were subject to an eighty-five percent period of parole ineligibility pursuant to the No Early Release Act (NERA), N.J.S.A. 2C:43-7.2, constituting a 119-year parole bar on defendant. 2 Defendant argues that his convictions must be reversed because the court erroneously admitted testimony about Child Sexual Abuse Accommodation Syndrome (CSAAS), the court failed to adequately inform him of the maximum possible sentence he might face, the court ...
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