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State v. Bass

New Jersey Superior Court, Appellate Division


Decided: March 18, 1976.

STATE OF NEW JERSEY, PLAINTIFF-RESPONDENT,
v.
JOE RAY BASS, DEFENDANT-APPELLANT

Lynch, Larner and Horn.

Per Curiam

[141 NJSuper Page 171]

On March 26, 1974 defendant pled guilty to four counts of an indictment arising out of a robbery and was sentenced to State Prison for 14-19 years on May 2, 1974. An appeal based on excessiveness of sentence resulted in an affirmance.

On May 15, 1975 defendant filed a pro se petition for post-conviction relief, again complaining of the sentence. He was afforded a hearing and his petition was denied on June 20, 1975. Appeal from that denial is before us for consideration.

There is absolutely no merit to this appeal. A post-conviction application for modification of a sentence which has already been considered on direct appeal is patently frivolous. It should have been dismissed summarily.

A fortiori , an appeal from the denial of the petition should never have been filed. See R. 1:4-8 and DR 7-102(A)(2).

Affirmed.

19760318


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