STATE OF NEW JERSEY v. JERMAINE BRYANT

NOT FOR PUBLICATION WITHOUT THE

APPROVAL OF THE APPELLATE DIVISION

SUPERIOR COURT OF NEW JERSEY

APPELLATE DIVISION

DOCKET NO. A-3298-09T1

STATE OF NEW JERSEY,

Plaintiff-Respondent,

v.

JERMAINE BRYANT,

Defendant-Appellant.

____________________________________________________

June 16, 2011

Submitted June 1, 2011 - Decided

Before Judges Espinosa and Skillman.

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

No. 93-03-1078.

Jermaine Bryant, appellant pro se.

Carolyn A. Murray, Acting Essex County Prosecutor, attorney for respondent (Barbara A. Rosenkrans, Special Deputy Attorney General/Assistant Prosecutor, of counsel and on the brief).

PER CURIAM

Defendant was found guilty by a jury of purposeful or knowing murder, in violation of N.J.S.A. 2C:11-3(a)(1) and (2); aggravated assault, in violation of N.J.S.A. 2C:12-1(b)(1); and other related offenses. The trial court sentenced defendant to life imprisonment, with thirty years of parole ineligibility, for murder, and a consecutive ten-year term, with five years of parole ineligibility, for aggravated assault. The court imposed a concurrent term or merged defendant's other convictions. Thus, defendant was sentenced to an aggregate term of life plus ten years, with thirty-five years of parole ineligibility.

On appeal, we affirmed defendant's convictions and sentence in a published opinion. State v. Bryant, 288 N.J. Super. 27 (App. Div. 1996). The Supreme Court denied defendant's petition for certification. 144 N.J. 589 (1996).

Shortly thereafter, defendant filed his first petition for post-conviction relief, which the trial court denied. We affirmed that denial in an unpublished opinion. State v. Bryant, No. A-3571-99 (Mar. 6, 2001). The Supreme Court denied defendant's petition for certification. 169 N.J. 607 (2001).

On October 6, 2005, and April 24, 2006, defendant filed additional post-conviction relief petitions, which the trial court denied by order of July 25, 2006. Defendant did not appeal from the denial of those petitions.

On August 8, 2006, defendant filed yet another petition for post-conviction relief, which the trial court denied on October 13, 2006. We affirmed that denial in an unpublished opinion. State v. Bryant, No. A-6274-05 (Dec. 14, 2007). The Supreme Court denied defendant's petition for certification. 194 N.J. 272 (2008).

On January 11, 2007, defendant moved for a new juvenile waiver hearing, claiming newly discovered evidence, which the trial court also denied. We affirmed that denial in an unpublished opinion. State v. Bryant, No. A-5129-06 (Sept. 24, 2008). The Supreme Court denied defendant's petition for certification. 198 N.J. 312 (2009).

On August 4, 2009, defendant filed what was either his fourth or fifth petition for post-conviction relief. By a written letter opinion of March 3, 2010, Judge Cifelli denied defendant's petition as time-barred. The judge also concluded that "even if [defendant's] petition was not time-barred, the underlying issue of [his] petition could have been, and actually was raised in a prior proceeding."

On appeal, defendant presents the following argument:

THE LOWER COURT ERRED WHEN IT DISMISSED APPELLANT'S MOTION FOR PERFORMANCE OF FORENSIC AND BALLISTIC TESTING, BECAUSE APPELLANT FAILED TO MAKE "A PRIMA FACIE SHOWING."

We reject this argument and affirm the denial of defendant's petition substantially for the reasons set forth in Judge Cifelli's letter opinion. Defendant's argument does not warrant any additional discussion. R. 2:11-3(e)(2).

Affirmed.