STATE OF NEW JERSEY v. RONALD LONGAnnotate this Case
NOT FOR PUBLICATION WITHOUT THE
APPROVAL OF THE APPELLATE DIVISION
SUPERIOR COURT OF NEW JERSEY
DOCKET NO. A-0
STATE OF NEW JERSEY,
October 15, 2014
Submitted September 29, 2014 Decided
Before Judges Simonelli and Guadagno.
On appeal from the Superior Court of New Jersey, Law Division, Atlantic County, Indictment No. 85-04-0519.
Ronald Long, appellant pro se.
James P. McClain, Atlantic County Prosecutor, attorney for respondent (Mario C. Formica, Chief Assistant Prosecutor, of counsel and on the brief).
Defendant Ronald Long appeals from the June 13, 2013 Law Division order, which denied his motion for reconsideration of the denial of his motion to correct an illegal sentence pursuant to Rule 3:21-10(b). We affirm.
We will not revisit this thirty-year old felony murder conviction that has been affirmed on appeal, State v. Long (Long I), 119 N.J. 439 (1990), and was the subject of other post-conviction relief petitions: State v. Long (Long II), No. A-3860-92 (App. Div. Jan. 3, 1995), certif. denied, 139 N.J. 441 (1995); State v. Long (Long III), No. A-6072-98 (App. Div. June 8, 2001), certif. denied, 170 N.J. 86 (2001); State v. Long (Long IV), No. A-0066-02 (App. Div. July 17, 2003), certif. denied, 178 N.J. 250 (2003); State v. Long (Long V), No. A-4219-03 (App. Div. Jan. 27, 2005), certif. denied, 183 N.J. 215 (2005); State v. Long (Long VI), No. A-1413-07 (App. Div. Aug. 14, 2009), certif. denied, 200 N.J. 548 (2009); and State v. Long (Long VII), No. A-0913-11 (App. Div. Sept. 26, 2013), certif. denied, 217 N.J. 304 (2014).
In Long VI, which was defendant's sixth PCR petition, he claimed, as he does here, that his sentence was illegal for the absence of a presentence report (PSR) at his 1985 sentencing or failure to update that PSR for resentencing in 1994 in violation of N.J.S.A. 2C:44-6 and Rule 3:21-2. Long VI, supra, No. A-1413-07 (slip. op at 15). We concluded the claim had no merit, R. 2:11-3(e)(2), and the petition was procedurally barred by Rule 3:22-4 and -5 and time barred by Rule 3:22-12(a). Id. at 17-20.
If an issue has been determined on the merits in a prior appeal it cannot be re-litigated in a later appeal of the same case, even if of constitutional dimension. R. 3:22-5; State v. Marshall, 173 N.J. 343, 351 (2002); State v. McQuaid, 147 N.J. 464, 484 (1997). Because the issue of the absence of a PSR at defendant's 1985 sentencing or failure to update that PSR for resentencing was determined on the merits in a prior appeal, the present PCR petition is procedurally barred.