STATE OF NEW JERSEY v. CHRISTOPHER CHARRIEZ
Annotate this CaseNOT FOR PUBLICATION WITHOUT THE
APPROVAL OF THE APPELLATE DIVISION
SUPERIOR COURT OF NEW JERSEY
APPELLATE DIVISION
DOCKET NO. A-0877-06T40877-06T4
STATE OF NEW JERSEY,
Plaintiff-Respondent,
v.
CHRISTOPHER CHARRIEZ,
Defendant-Appellant.
_____________________________________________________________
Submitted June 10, 2008 - Decided
Before Judges Stern and Coburn.
On appeal from the Superior Court of New Jersey,
Law Division, Hudson County, 00-02-0235.
Yvonne Smith Segars, Public Defender, attorney
for appellant (Carolyn V. Bostic, Designated
Counsel, on the brief).
Edward J. De Fazio, Hudson County Prosecutor,
attorney for respondent (Gina Giordano, Assistant
Prosecutor, on the brief).
PER CURIAM
Defendant appeals from the denial of his petition for post-conviction relief. We affirm.
After defendant was charged with murder and related offenses, he entered into a negotiated plea with the State pursuant to which he pled guilty to the lesser included offense of aggravated manslaughter, N.J.S.A. 2C:11-4. In accordance with the negotiated disposition, defendant received a prison sentence of twenty-five years subject to the No Early Release Act. He appealed the sentence, arguing that it was excessive, and we affirmed. He then filed the petition for post-conviction relief, which is the subject of this appeal.
On appeal, defendant offers the following arguments:
POINT I
THE PCR COURT ERRED IN HOLDING THAT THE DEFENDANT'S PCR PETITION WAS PROCEDURALLY BARRED BY R. 3:22-2(C) AND R. 3:22-5.
POINT II
THE PCR COURT ERRED IN DENYING DEFENDANT'S PCR PETITION WHERE DEFENDANT ESTABLISHED A PRIMA FACIE CASE OF INEFFECTIVE ASSISTANCE OF SENTENCING COUNSEL WHERE COUNSEL FAILED TO PRESENT VIABLE MITIGATING EVIDENCE.
POINT III
THE ISSUES RAISED IN DEFENDANT'S PRO SE BRIEF, IF ANY, SUPPORT HIS REQUEST FOR POST-CONVICTION RELIEF.
After carefully considering the record and briefs, we are satisfied that, apart from Point I, all of defendant's arguments are without sufficient merit to warrant discussion in a written opinion, R. 2:11-3(e)(2), and we affirm substantially for the reasons expressed by Judge Veneble in her oral opinion of August 7, 2006. The Point I argument is moot since the judge also ruled on the merits.
Affirmed.
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2
A-0877-06T4
June 20, 2008
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