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State v. Brewer

November 20, 2007

STATE OF NEW JERSEY, PLAINTIFF-RESPONDENT,
v.
MATTHEW J. BREWER, DEFENDANT-APPELLANT.



On appeal from Superior Court of New Jersey, Law Division, Hudson County, Indictment No. 824-06-86.

Per curiam.

NOT FOR PUBLICATION WITHOUT THE APPROVAL OF THE APPELLATE DIVISION

Submitted November 5, 2007

Before Judges Lintner and Graves.

Defendant Matthew J. Brewer appeals from a decision dated April 26, 2007, denying his fourth petition for post-conviction relief (PCR). Based on our review of the record and the applicable law, we affirm.

The facts established at defendant's trial, which took place in 1987, are fully set forth in our four prior unpublished decisions*fn1 and need not be repeated here. Defendant was sentenced on October 6, 1987, to consecutive sentences of thirty years imprisonment with a fifteen-year parole bar for first-degree kidnapping, N.J.S.A. 2C:13-1(b)(1), and twenty years imprisonment with a ten-year parole bar for first-degree aggravated sexual assault, N.J.S.A. 2C:14-2(a)(3). Thus, defendant received an aggregate sentence of fifty years, with a twenty-five-year parole ineligibility term.

On appeal, defendant presents the following arguments:

POINT I

APPELLANT SEEKS DE NOVO REVIEW OF THE JUDGE'S DECISION, SINCE IT PERMITTED EAST JERSEY STATE PRISON CLASSIFICATION DEPARTMENT TO REPRESENT APPELLANT'S INTEREST ON GAP TIME MOTION, PURSUANT TO N.J.S.A. 2C:44-5b(2) RATHER THAN APPOINT AN ATTORNEY FROM THE OFFICE OF THE PUBLIC DEFENDER, CONTRARY TO N.J. CONST. ART. 1, PAR. 10.

POINT II

THE COURT FAILED TO PROPERLY AWARD APPELLANT GAP TIME CREDITS, PURSUANT TO N.J.S.A. 2C:44-5b(2).

POINT III

THE ILLEGAL SENTENCE CLAIMS RAISED HEREIN WERE NEITHER ADJUDICATED, NOR RAISED IN ANY ...


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