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State v. Barnes

SUPERIOR COURT OF NEW JERSEY APPELLATE DIVISION


January 3, 2008

STATE OF NEW JERSEY, PLAINTIFF-RESPONDENT,
v.
MARK T. BARNES, DEFENDANT-APPELLANT.

On appeal from Superior Court of New Jersey, Law Division, Union County, Indictment No. 99-04-0530.

Per curiam.

NOT FOR PUBLICATION WITHOUT THE APPROVAL OF THE APPELLATE DIVISION

Submitted December 18, 2007

Before Judges Skillman and Winkelstein.

A jury found defendant guilty of eluding, in violation of N.J.S.A. 2C:29-2b. The trial court sentenced defendant, as a persistent offender, to an extended term of fourteen years imprisonment, with a six-year period of parole ineligibility.

On appeal, we affirmed defendant's conviction and sentence, State v. Barnes, No. A-2481-01 (App. Div., Mar. 5, 2003), and the Supreme Court denied his petition for certification. 177 N.J. 222 (2003).

Defendant subsequently filed a petition for post-conviction relief. Judge Barisonek denied the petition in a comprehensive oral opinion that addressed all the points raised by defendant.

On appeal from the denial of that petition, defendant presents the following arguments:

I. THE DEFENDANT'S CONSTITUTIONAL RIGHT OF DUE PROCESS WAS VIOLATED WHEN THE SECOND DEGREE ELUDING CHARGE WAS ENTERED AGAINST HIM BY WAY OF FABRICATED TESTIMONY.

II. DEFENDANT RECEIVED INEFFECTIVE ASSISTANCE OF COUNSEL WHEN TRIAL COUNSEL FAILED TO OBJECT TO THE PROSECUTORS CLOSING ARGUMENTS WHEREBY PROSECUTOR COMMENTED PERSONALLY ON THE EVIDENCE AND COMMENTED ON MATTERS OUTSIDE THE EVIDENCE.

We reject these arguments and affirm the denial of defendant's petition substantially for the reasons set forth in Judge Barisonek's oral opinion. Defendant's arguments do not warrant any additional discussion. R. 2:11-3(e)(2).

Affirmed.

20080103

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