STATE OF NEW JERSEY v. HECTOR SANABRIA

NOT FOR PUBLICATION WITHOUT THE

APPROVAL OF THE APPELLATE DIVISION

SUPERIOR COURT OF NEW JERSEY

APPELLATE DIVISION

DOCKET NO. A-6145-09T1

STATE OF NEW JERSEY,

Plaintiff-Respondent,

vs.

HECTOR SANABRIA,

Defendant-Appellant.

__________________________________

May 19, 2011

Submitted: May 11, 2011 Decided:

Before Judges Cuff and Fisher.

On appeal from the Superior Court of New Jersey, Law Division, Passaic County, Indictment No. 85-05-00492.

Hector Sanabria, appellant pro se.

CameliaM. Valdes, Passaic County Prosecutor, attorney for respondent (Steven E. Braun, Chief Assistant Prosecutor, of counsel and on the brief).

PER CURIAM

Defendant Hector Sanabria appeals from the denial of his third petition for post-conviction relief (PCR). He is serving consecutive thirty-year terms of imprisonment with thirty years of parole ineligibility following his 1986 conviction of two counts of murder. Defendant is also serving concurrent terms for unlawful possession of a weapon (a handgun) and possession of the handgun for an unlawful purpose.

On appeal, defendant raises the following arguments:

POINT ONE

DEFENDANT-PETITIONER CONTENDS THAT THE PCR COURT ERRED IN NOT CONDUCTING A[N] EVIDENTIARY HEARING TO TAKE TESTIMONY IN MAKING AN INDEPENDENT CREDIBILITY EXAMINATION IN SUPPORT OF TRIAL COUNSEL['S] FAILURE TO COMMUNICATE THE STATE'S IN COURT CORRECTED PLEA ARRANGEMENT TO HIS CLIENT [WHICH] CONSTITUTED INEFFECTIVE ASSISTANCE OF COUNSEL PERFORMANCE UNDER THE U.S.C.A. SIXTH AND N.J.S. CONST. ART. 1. PAR. 10.

POINT TWO

DEFENDANT-PETITIONER['S] POST CONVICTION RELIEF SHOULD NOT BE TIME BARRED BECAUSE THE EXCEPTIONAL CIRCUMSTANCES OF THE CASE AMOUNT TO EXCUSABLE NEGLECT. AND THE INTERESTS OF JUSTICE REQUIRE A RELAXATION OF RULE 3:22-12. CONTRARY TO THE SIXTH CONST. AMEND. OF U.S. AND N.J. CONST. ART. 1. PAR. 10.

We affirm substantially for the reasons expressed by Judge Falcone in his comprehensive opinion dated July 28, 2010.