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State v. Myrick

February 13, 2008

STATE OF NEW JERSEY, PLAINTIFF-RESPONDENT,
v.
CRAIG MYRICK, DEFENDANT-APPELLANT.



On appeal from the Superior Court of New Jersey, Law Division, Middlesex County, Indictment No. 00-05-00531.

Per curiam.

NOT FOR PUBLICATION WITHOUT THE APPROVAL OF THE APPELLATE DIVISION

Submitted January 7, 2008

Before Judges Sabatino and Alvarez.

This is an appeal from the denial of a petition for post-conviction relief (PCR) by defendant, Craig Myrick, after evidentiary hearing. We affirm.

Defendant was charged by Middlesex County Indictment 00-05-00531 with fourth-degree possession with intent to distribute, N.J.S.A. 2C:35-5(a)(1) and N.J.S.A. 2C:35-5(b)(12), and third-degree possession with intent to distribute on or near school property, N.J.S.A. 2C:35-5(a) and N.J.S.A. 2C:35-7. Pursuant to a negotiated plea agreement, on August 11, 2000, defendant pled guilty to the school zone offense. The State, in turn, agreed to dismiss the other charge contained in the indictment and to recommend a sentence of three years with one year of parole ineligibility together with appropriate fines and penalties. On October 25, 2000, defendant was sentenced in accordance with the plea agreement.

Defendant did not file a direct appeal. Instead, on July 23, 2004, he filed a PCR petition, asserting that he was denied effective assistance of counsel. Following an evidentiary hearing, the application was denied.

On appeal, defendant raises the following the points:

POINT I

THE TRIAL COURT COMMITTED REVERSIBLE ERROR IN DENYING DEFENDANT'S PETITION FOR POST-CONVICTION RELIEF AS HE WAS DENIED EFFECTIVE ASSISTANCE OF COUNSEL AS GUARANTEED BY THE FEDERAL AND STATE CONSTITUTION.

POINT II

DEFENDANT IS ENTITLED TO WITHDRAW HIS GUILTY PLEA BECAUSE IT WAS NOT VOLUNTARY AND INTELLIGENT.

By way of pro se supplemental brief, defendant raises the ...


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