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State v. Burkes

February 27, 2007

STATE OF NEW JERSEY, PLAINTIFF-RESPONDENT,
v.
CURTIS BURKES, DEFENDANT-APPELLANT.



On appeal from the Superior Court of New Jersey, Law Division, Camden County, 01-01-0023.

Per curiam.

NOT FOR PUBLICATION WITHOUT THE APPROVAL OF THE APPELLATE DIVISION

Submitted February 5, 2007

Before Judges Lintner and Seltzer.

Defendant appeals from the denial of his post-conviction relief (PCR) petition without an evidentiary hearing, and we affirm.

Tried to a jury, defendant was convicted in 2001 of third-degree theft from the person, N.J.S.A. 2C:20-3. He was sentenced as a persistent offender to an extended custodial term of ten years with a five-year parole disqualifier. We affirmed on his direct appeal, State v. Burkes, No. A-4982-01T4 (App. Div. August 7, 2003) and certification was denied. 178 N.J. 454 (2004). Defendant filed a PCR petition on March 18, 2004, and on September 19, 2005, Judge Robert. G. Millenky considered the application. He permitted testimony from defendant to supplement the petition and, after hearing counsel, delivered a thoughtful and comprehensive oral opinion, finding defendant had failed to make a prima facie case for entitlement to relief. Accordingly, Judge Millenky denied the petition without a hearing. His decision was memorialized in an October 14, 2005, order from which defendant now appeals.

Defendant advances the following arguments for our consideration:

THE COURT ERRED IN DENYING THE DEFENDANT'S PETITION FOR POST CONVICTION RELIEF.

POINT 1

UNSIGNED INDICTMENT

POINT 2

INEFFECTIVE ASSISTANCE OF COUNSEL

POINT 3

EXCESSIVE ...


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