STATE OF NEW JERSEY v. SAMUEL F. RYAN

 

NOT FOR PUBLICATION WITHOUT THE

APPROVAL OF THE APPELLATE DIVISION

SUPERIOR COURT OF NEW JERSEY

APPELLATE DIVISION

DOCKET NO. A-2187-07T42187-07T4

STATE OF NEW JERSEY,

Plaintiff-Respondent,

v.

SAMUEL F. RYAN,

Defendant-Appellant.

________________________________________________________________

 

Submitted June 17, 2008 - Decided

Before Judges Stern and Coburn.

On appeal from the Superior Court of New Jersey,

Law Division, Cumberland County, 96-04-0475.

Samuel F. Ryan, appellant pro se.

Ronald J. Casella, Cumberland County Prosecutor,

attorney for respondent (Matthew M. Bingham,

Assistant Prosecutor, of counsel and on the brief).

PER CURIAM

Defendant appeals from an order entered on December 10, 2007 denying his seventh and eighth petitions for post-conviction relief (PCR) on this and other convictions.

The appeal relates to indictment 96-04-0475 which resulted in an extended term sentence for armed robbery on May 16, 1997. To the extent the order preserves claims related to the issues raised in A-1719-05T3 with respect to indictment 96-04-511, we address the issues raised on that appeal by an opinion being filed simultaneously herewith.

The record before us provides no basis for disturbing the conclusions of Judge Richard J. Geiger that the petitions were time barred, R. 3:22-12, and/or that relief was precluded by the provisions of R. 3:22-4 and/or R. 3:22-5 (the latter applying to the issue of sentence legality which was addressed in defendant's fifth PCR petition and on appeal from the denial thereof). He does not address the sentencing issue in the brief on this appeal.

The denial of PCR is affirmed. R. 2:11-3(e)(2).

With the exception of the sentencing issue, defendant attacks the arrest warrants and evidence presented to the grand jury. On November 9, 2007 we ruled that "the defendant's sentence was not in the pipeline when State v. Natale, 184 N.J. 484 (2005), or State v. Pierce, 188 N.J. 155 (2006), were decided," thereby precluding the sentencing relief then sought in A-1719-07T3.

(continued)

(continued)

2

A-2187-07T4

June 27, 2008