STATE OF NEW JERSEY v. WILLIE WILLIAMS

NOT FOR PUBLICATION WITHOUT THE

APPROVAL OF THE APPELLATE DIVISION

SUPERIOR COURT OF NEW JERSEY

APPELLATE DIVISION

DOCKET NO. A-5135-08T45135-08T4

STATE OF NEW JERSEY,

Plaintiff-Respondent,

v.

WILLIE WILLIAMS,

Defendant-Appellant.

______________________________________________________

 

Submitted April 27, 2010 - Decided

Before Judges Skillman and Simonelli.

On appeal from Superior Court of New Jersey, Law Division, Mercer County, Indictment

No. 722-81.

Willie Williams, appellant pro se.

Joseph L. Bocchini, Jr., Mercer County Prosecutor, attorney for respondent (Dorothy Hersh, Assistant Prosecutor, of counsel and on the brief).

PER CURIAM

This is an appeal from the denial of a fourth petition for post-conviction relief.

Defendant was found guilty of a murder committed in Trenton State Prison on March 14, 1981. The judgment of conviction was entered on May 20, 1982.

On his direct appeal, we affirmed defendant's conviction and sentence in an unreported opinion. State v. Williams, A-4815-81T4 (Nov. 4, 1985), and the Supreme Court denied his petition for certification, 103 N.J. 467 (1986). Since then, we have affirmed the denial of defendant's first three petitions for post-conviction relief. State v. Williams, A-6020-86T4 (June 7, 1988), certif. denied, 113 N.J. 362 (1988); State v. Williams, A-2744-93T4 (Oct. 26, 1995), certif. denied, 143 N.J. 520 (1996); State v. Williams, A-2951-00T4 (Feb. 20, 2003), certif. denied, 177 N.J. 493 (2003).

The trial court summarily denied defendant's fourth petition for post-conviction relief, concluding that "defendant's arguments are without merit and have been previously adjudicated, pursuant to Rule 3:22-12 and Rule 3:22-5."

On appeal, defendant presents the following arguments:

POINT ONE:

AN ILLEGAL SENTENCE CAN BE CORRECTED AT ANY TIME, R. 3:22-12.

POINT TWO:

WILLIAMS WAS SENTENCED TO A DISCRETIONARY LIFE SENTENCE.

POINT THREE:

THE COURT DOUBLE-COUNTED ELEMENTS OF THE CRIME AS AGGRAVATING FACTORS 2C:44-1a(1), (2), AND (6) TO DETERMINE WILLIAMS'S DISCRETIONARY EXTENDED TERM LIFE SENTENCE IN VIOLATION OF NEW JERSEY LEGISLATIVE INTENT.

I. NOTWITHSTANDING THAT A LIFE

SENTENCE UNDER 2C:11-3 AND

2C:43-7 IS ORDINARY, THE

SENTENCE MUST BE FASHIONED

USING AGGRAVATING AND MITIGAT-

ING FACTORS, 2C:44-1a and b.

II. WEIGHING AGGRAVATING AND

MITIGATING FACTORS IS REQUIRED

IN WILLIAMS'S DISCRETIONARY

LIFE SENTENCE.

III. THE COURT DOUBLE-COUNTED

ELEMENTS OF THE CRIME AS

AGGRAVATING FACTORS, 2C:44-1a(1)

and (2). STATE V. WILLIE

WILLIAMS, DOCKET NO. A-5135-08T4.

IV. THERE IS NO FACTUAL BASIS OR

COMPETENT EVIDENCE TO SUPPORT

THE COURT'S ASSESSMENT THAT

THE MURDER OF MR. MURPHY

WAS COMMITTED IN A "HEINOUS,

CRUEL, AND DEPRAVED" MANNER

UNDER AGGRAVATING FACTOR

2C:44-1a(1).

V. THE COURT DOUBLE-COUNTED

WILLIAMS'S PRIOR RECORD

AGGRAVATING FACTOR, 2C:44-1a(6)

TO FASHION HIS SENTENCE.

POINT FOUR:

DOUBLE-COUNTING AGGRAVATING FACTORS REQUIRES THAT WILLIAMS IS RE-SENTENCED.

Defendant's arguments are clearly without merit. R. 2:11-3(e)(2). We only note that none of defendant's arguments relate to the legality of his sentence, see State v. Flores, 228 N.J. Super. 586, 590-97 (App. Div. 1988), certif. denied, 115 N.J. 78 (1989), and thus the five-year limitations period on the filing of petitions for post-conviction relief provided by Rule 3:22-12(a) applies to defendant's petition.

Affirmed.

 

(continued)

(continued)

2

A-5135-08T4

May 7, 2010