STATE OF NEW JERSEY v. TYRONE MEASE

 

NOT FOR PUBLICATION WITHOUT THE

APPROVAL OF THE APPELLATE DIVISION

SUPERIOR COURT OF NEW JERSEY

APPELLATE DIVISION

DOCKET NO. A-0975-06T40975-06T4

STATE OF NEW JERSEY,

Plaintiff-Respondent,

v.

TYRONE MEASE,

Defendant-Appellant.

______________________________________________________________

 

Submitted October 30, 2007 - Decided

Before Judges Coburn and Grall.

On appeal from the Superior Court of New Jersey,

Law Division, Camden County, 01-01-0033-I.

Yvonne Smith Segars, Public Defender, attorney

for appellant (Steven M. Gilson, Designated Counsel,

of counsel and on the brief).

Joshua M. Ottenberg, Acting Camden County Prosecutor,

attorney for respondent (Linda A. Shashoua, Acting

Assistant Prosecutor, of counsel and on the brief).

Appellant filed a pro se supplemental brief.

PER CURIAM

Defendant, Tyrone Mease, appeals from an order denying his petition for post-conviction relief.

Defendant's conviction arose from an incident that occurred on September 16, 1999, in Camden. Mease, then age fifteen, shot his first victim three times at close range. Although severely wounded, the first victim survived. Defendant then shot and killed his second victim, who was on the porch near the first victim.

Defendant was charged as a juvenile, after which the State moved for involuntary transfer to the Law Division. Judge Cook found that there was probable cause to support the charges and that rehabilitation by age nineteen was not possible. An indictment was returned, and defendant entered into a plea agreement. Consequently, he was sentenced for aggravated manslaughter and attempted murder. The aggregate term was limited to twenty-two years, subject to NERA, N.J.S.A. 2C:43-7.2, and the judge imposed that sentence. Defendant appealed, we affirmed, and defendant then filed the subject petition for post-conviction relief.

On appeal from the order denying his petition, defendant offers the following arguments.

DEFENDANT'S CONVICTIONS MUST BE REVERSED OR HIS SENTENCE MUST BE VACATED DUE TO INEFFECTIVE ASSISTANCE OF COUNSEL; IN THE ALTERNATIVE, THIS MATTER MUST BE REMANDED FOR AN EVIDENTIARY HEARING.

A. Trial Counsel Failed To Investigate

And Consider Potential Defenses.

B. Trial Counsel Failed To Present

A Defense At The Second Stage Of The

Waiver Hearing.

C. Trial Counsel Cajoled Defendant To Plead Guilty.

D. Trial Counsel Failed To Raise An

Appropriate Mitigating Factor At

Sentencing.

E. Appellate Counsel Failed To Raise Any

Of The Issues As To Trial Counsel's

Ineffectiveness.

In addition, in a pro se brief the defendant makes the

following arguments.

POINT ONE

THERE LACKS A FACTUAL BASIS FOR THE CHARGES OF ATTEMPTED MURDER AND AGGRAVATED MANSLAUGHTER.

POINT TWO

INEFFECTIVE ASSISTANCE OF PCR COUNSEL.

After carefully considering the record and briefs, we are satisfied that all of defendant's arguments are without sufficient merit to warrant discussion in a written opinion, and we affirm, as well, substantially for the reasons expressed by Judge Baxter in her oral opinion of July 14, 2006.

Affirmed.

 

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A-0975-06T4

November 8, 2007