On appeal from the Superior Court of New Jersey, Law Division, Cumberland County, Indictment No. 84-04-0204.
NOT FOR PUBLICATION WITHOUT THE APPROVAL OF THE APPELLATE DIVISION
Submitted October 3, 2007
Before Judges Lisa and Simonelli.
Defendant appeals from an order denying his petition for post-conviction relief (PCR). The subject of the petition was a conviction entered on September 26, 1986 for third-degree theft, N.J.S.A. 2C:20-3. Judge Farrell found defendant's petition deficient because it was time-barred and, alternatively, because it was lacking in substantive merit. The judge did not grant an evidentiary hearing.
On appeal, defendant argues:
THE COURT ERRED IN DENYING DEFENDANT-APPELLANT'S APPLICATION FOR POST-CONVICTION RELIEF; DEFENSE TRIAL COUNSEL WAS INEFFECTIVE AND DEFENDANT-APPELLANT WAS PREJUDICED THEREBY. IN THE ALTERNATIVE, THE COURT SHOULD HAVE GRANTED DEFENDANT-APPELLANT AN EVIDENTIARY HEARING ON THIS ISSUE.
THE DEFENDANT-APPELLANT'S PLEA WAS NOT ENTERED KNOWINGLY; THEREFORE THE COURT ERRED IN DENYING DEFENDANT-APPELLANT'S APPLICATION TO WITHDRAW HIS PLEA OF GUILTY.
THE FINDING THAT THE MOTION FOR POST-CONVICTION RELIEF WAS TIME-BARRED WAS IN ERROR; THE DEFENDANT COULD NOT HAVE KNOWN EARLIER THAT HIS COUNSEL FAILED TO PROVIDE HIM WITH RELEVANT INFORMATION.
We reject these arguments and affirm.
In September 1986, defendant was the subject of four open indictments in Cumberland County. He had recently been convicted under another Cumberland County indictment and sentenced in August 1986 to four years imprisonment with a two-year parole disqualifier. On September 15, 1986, one of the four open indictments, Indictment No. 84-04-0204, came on for trial. The jury was about to be selected. The two-count indictment charged defendant with ...