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State v. Walker

October 4, 2007

STATE OF NEW JERSEY, PLAINTIFF-RESPONDENT,
v.
DAVID F. WALKER, DEFENDANT-APPELLANT.



On appeal from the Superior Court of New Jersey, Law Division, Camden County, 99-04-1132.

Per curiam.

NOT FOR PUBLICATION WITHOUT THE APPROVAL OF THE APPELLATE DIVISION

Submitted September 26, 2007

Before Judges Lisa and Lihotz.

Pursuant to a plea agreement, defendant pled guilty on February 14, 2000 to three counts of first-degree armed robbery, N.J.S.A. 2C:15-1, and one count of third-degree burglary, N.J.S.A. 2C:18-2. As recommended in the plea agreement, Judge Brown imposed concurrent sentences on March 24, 2000 on the three robbery counts of seventeen years imprisonment subject to an 85% parole disqualifier under the No Early Release Act (NERA), N.J.S.A. 2C:43-7.2. The judge imposed a concurrent term of four years imprisonment on the burglary count. The judge also ordered that these sentences would run concurrent to the sentence defendant was then serving.

Defendant appealed and the matter was placed on our sentencing oral argument calendar. See R. 2:9-11. After oral argument on May 8, 2002, we issued an order on May 9, 2002 affirming the judgment of the trial court. Although defendant contends he later filed a petition for certification to the Supreme Court, he has produced no evidence of such a filing.

On January 16, 2004, defendant filed a petition for post-conviction relief (PCR). He was assigned counsel, who filed a supplemental brief on his behalf. The matter came before Judge Brown on August 12, 2005. After hearing oral argument, but without granting an evidentiary hearing, the judge denied defendant's petition, setting forth his reasons in a thorough oral decision on that date. This appeal followed.

In a brief filed by his attorney, defendant makes these arguments:

POINT ONE

THE DEFENDANT DID NOT UNDERSTAND THE PLEA.

POINT TWO

THE DEFENDANT WAS CONVICTED OF A CHARGE NOT IN THE INDICTMENT.

POINT THREE

COUNSEL FAILED TO ARGUE ALL RELEVANT MITIGATING FACTORS AND THE TRIAL COURT ERRONEOUSLY APPLIED AGGRAVATING FACTORS #11 N.J.S.A. 2C:44-1(a)(b).

POINT FOUR

DEFENDANT'S SENTENCE IMPOSED UNDER PRE-AMENDMENT NERA VIOLATES THE NEW JERSEY CONSTITUTION'S PROHIBITING AGAINST THE ENACTMENT OF ...


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