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State v. Ray

February 27, 2007

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



On appeal from Superior Court of New Jersey, Law Division, Camden County, Indictment No. 781-82-I.

Per curiam.

NOT FOR PUBLICATION WITHOUT THE APPROVAL OF THE APPELLATE DIVISION

Submitted January 30, 2007

Before Judges Skillman and Holston, Jr.

Defendant, Vincent Ray, appeals the Law Division's August 30, 2005 opinion and order dismissing his post-conviction relief (PCR) petition.

Defendant was found guilty by a jury on October 3, 1983, of being an accomplice to the murder of Michael Searles in violation of N.J.S.A. 2C:2-6 and N.J.S.A. 2C:11-3; second-degree aggravated assault by shooting John Frazier in violation of N.J.S.A. 2C:12-1(b)(1); and third-degree unlawful possession of a handgun in violation of N.J.S.A. 2C:39-5(b).

On November 18, 1983, defendant was sentenced to life imprisonment with thirty-years parole ineligibility on the accomplice to murder charge, a concurrent term of ten years imprisonment on the aggravated assault charge and a concurrent term of five-years imprisonment on the unlawful possession of a handgun charge.

On June 30, 1988, this court affirmed defendant's convictions for accomplice to murder and aggravated assault but reversed defendant's weapons conviction. In addition, we remanded for resentencing on the accomplice to murder conviction. State v. Ray, No. A-2066-83T4, certif. denied, 114 N.J. 291 (1988). On December 16, 1988, defendant was resentenced to a term of thirty-years imprisonment with thirty-years of parole ineligibility.

On August 14, 2002, defendant filed his first petition for PCR pro se. Defendant was not assigned counsel by the public defender until 2004. In his application for PCR, defendant alleged that his sentence was illegal, because he had been unconstitutionally denied work credits and commutation credits for the time that he had been imprisoned.

Defendant's counsel raises the following arguments for our consideration:

POINT I.

THE LOWER COURT ORDER DENYING THE PETITION MUST BE REVERSED SINCE DEFENDANT'S SENTENCE IS ILLEGAL;

POINT II.

THE LOWER COURT ORDER DENYING THE PETITION MUST BE REVERSED SINCE DEFENDANT'S CLAIM IS NOT ...


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