On appeal from the Superior Court of New Jersey, Burlington County, Indictment No. 93-09-00492.
NOT FOR PUBLICATION WITHOUT THE APPROVAL OF THE APPELLATE DIVISION
Before Judges R. B. Coleman and Gilroy.
Defendant, Alonzo Bryant, appeals from the July 13, 2005, order memorializing the denial of his petition for post-conviction relief (PCR).*fn1 For the reasons that follow, we affirm.
On January 30, 1997, a jury convicted defendant of the following crimes: (1) purposeful murder of Michael Eck, N.J.S.A. 2C:11-3a(1) or N.J.S.A. 2C:11-3a(2) (count four); (2) felony murder of Eck, N.J.S.A. 2C:11-3a(3) (count six); (3) two counts of first degree robbery of Eck, N.J.S.A. 2C:15-1 and N.J.S.A. 2C:15-1a(1) (counts eight and ten); (4) two counts of first degree robbery of Toby Chrostowski, N.J.S.A. 2C:15-1a(1) and N.J.S.A. 2C:15-1 (counts twelve and thirteen); and (5) two counts of aggravated assault against Chrostowski, N.J.S.A. 2C:12-1b(1) and N.J.S.A. 2C:12-1b(2) (counts fourteen and fifteen). Defendant received an aggregate sentence of two life terms, in addition to a fifty-five year parole disqualifier.
This sentence was affirmed on appeal, State v. Bryant, No. A-0685-97T4 (App. Div. Feb. 2, 2000); and on May 11, 2000, the Supreme Court denied defendant's petition for certification. State v. Bryant, 164 N.J. 560 (2000).
Defendant filed a pro se petition for PCR on November 3, 2000, which raised various points, but did not include a brief or appendix in support thereof. Assigned counsel subsequently filed a brief raising the following points of argument for our consideration:
POINT I: DEFENDANT-PETITIONER'S RIGHT TO TESTIFY AT HIS TRIAL WAS VIOLATED WHEN HE WAS ERRONEOUSLY ADVISED BY TRIAL COUNSEL NOT TO DO SO, THEREBY RENDERING DEFENDANT INEFFECTIVE ASSISTANCE OF COUNSEL.
POINT II: DEFENDANT-PETITIONER'S FEDERAL AND STATE CONSTITUTIONAL RIGHTS TO EFFECTIVE COUNSEL WERE VIOLATED BY TRIAL COUNSEL WHEN THEY "OPENED THE DOOR" TO DAMAGING TESTIMONY ON THE REDIRECT EXAMINATION OF DETECTIVE RYAN.
POINT III: IT WAS REVERSIBLE ERROR FOR THE TRIAL COURT TO EXCLUDE THAT PORTION OF THE CO-DEFENDANT'S INCULPATORY STATEMENT CONCERNING HIS STABBING OF MICHAEL ECK FROM THE JURY IN DEFENDANT'S TRIAL.
POINT IV: THE TRIAL COURT IMPROPERLY INTERFERED WITH DEFENSE COUNSEL'S ARGUMENT TO THE JURY ABOUT REASONABLE DOUBT BY GIVING THE JURY AN ERRONEOUS "CORRECTIVE" CHARGE ON REASONABLE DOUBT.
POINT V: THE PROCEDURAL BARS OF RULE 3:22-4 AND 3:22-5 DO NOT APPLY TO THE DEFENDANT-PETITIONER'S POST-CONVICTION RELIEF CLAIMS.
The petition was not supported by a certification or affidavit from defendant, however, the matter was heard by Judge Cornelius P. Sullivan on July 23, 2005, and denied on the same date. In denying the petition, the judge found that points three and four were procedurally barred because they could have been raised during defendant's direct appeal. R. 3:22-4. The court also declined to address point two, reasoning that the underlying ...