STATE OF NEW JERSEY v. WILLIAM D. SHANNON

NOT FOR PUBLICATION WITHOUT THE

APPROVAL OF THE APPELLATE DIVISION

SUPERIOR COURT OF NEW JERSEY

APPELLATE DIVISION

DOCKET NO. A-5586-07T45586-07T4

STATE OF NEW JERSEY,

Plaintiff-Respondent,

v.

WILLIAM D. SHANNON,

Defendant-Appellant.

__________________________________________________

 

Submitted May 11, 2010 - Decided

Before Judges Skillman and Gilroy.

On appeal from Superior Court of New Jersey, Law Division, Burlington County, Indictment No. 03-07-0956.

Yvonne Smith Segars, Public Defender, attorney for appellant (Arthur P. Zapolski, Designated Counsel, on the brief).

Robert D. Bernardi, Burlington County Prosecutor, attorney for respondent (Jennifer B. Paszkiewicz, Assistant Prosecutor, of counsel and on the brief).

PER CURIAM

Defendant was charged with first-degree aggravated sexual assault, in violation of N.J.S.A. 2C:14-2(a)(2)(c). Defendant waived indictment and pled guilty to the charge pursuant to a plea bargain under which the State agreed to recommend a sentence of not more than ten years imprisonment, subject to the 85% period of parole ineligibility mandated by the No Early Release Act (NERA), N.J.S.A. 2C:43-7.2. The trial court sentenced defendant in accordance with this plea bargain to a ten-year term of imprisonment subject to the NERA parole disqualifier.

On defendant's appeal, which we heard on an excess sentence calendar, see R. 2:9-11, we affirmed this sentence. State v. Shannon, A-2267-04T4 (July 10, 2006). The Supreme Court denied defendant's petition for certification. 188 N.J. 493 (2006).

Defendant filed a petition for post-conviction relief. The trial court denied this petition by an oral opinion delivered on January 14, 2008.

On appeal from the denial of the petition, defendant presents the following arguments:

I. THE TRIAL COURT ERRED IN FAILING TO

GRANT AN EVIDENTIARY HEARING AS

DEFENDANT HAD DEMONSTRATED A PRIMA

FACIE CASE OF INEFFECTIVE ASSISTANCE

OF COUNSEL.

II. THE TRIAL COURT ERRED IN FAILING TO

GRANT AN EVIDENTIARY HEARING AS

DEFENDANT HAD DEMONSTRATED A PRIMA

FACIE CASE OF INEFFECTIVE ASSISTANCE

OF TRIAL COUNSEL.

III. REMAINING POINTS OF INEFFECTIVE

ASSISTANCE OF COUNSEL ISSUES

ADJUDICATED.

We reject these arguments substantially for the reasons set forth in Judge LeBon's January 14, 2008 oral opinion. Defendant's arguments do not warrant any additional discussion. R. 2:11-3(e)(2).

Affirmed.

 

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A-5586-07T4

May 25, 2010