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State v. K.A.

April 7, 2008

STATE OF NEW JERSEY, PLAINTIFF-RESPONDENT,
v.
K.A., DEFENDANT-APPELLANT.



On appeal from Superior Court of New Jersey, Law Division, Cape May County, Indictment No. 96-09-0509.

Per curiam.

RECORD IMPOUNDED

NOT FOR PUBLICATION WITHOUT THE APPROVAL OF THE APPELLATE DIVISION

Submitted December 12, 2007

Before Judges Cuff and Simonelli.

Defendant K.A. appeals from the order of July 27, 2005, denying his post-conviction relief (PCR) petition. Defendant entered a negotiated, unconditional plea agreement.*fn1 Defendant had pled guilty to ten counts of second degree endangering the welfare of a child; ten counts of second degree conspiracy to endanger the welfare of a child; ten counts of first degree aggravated sexual assault; and ten counts of second degree conspiracy to commit aggravated sexual assault. The charges stem from at least ten incidents over a three-year period of defendant's sexual abuse of his daughter. Defendant is serving an aggregate thirty-year term of imprisonment with a fifteen year period of parole ineligibility.*fn2

Defendant did not take a direct appeal. Instead, he filed a pro se PCR petition contending his sentence was excessive. Judge Batten denied the petition. We summarily reversed and remanded for reconsideration after referral to the Office of the Public Defender for representation. Defendant then filed an amended PCR petition, which Judge Batten denied. This appeal followed.

On this appeal, defendant raises the following arguments:

POINT I

THE CONVICTIONS MUST BE VACATED FOR CONSTITUTIONAL DEFECTS IN THE INDICTMENT.

POINT II

THE DEFENDANT WAS DEPRIVED OF THE EFFECTIVE ASSISTANCE OF TRIAL AND PCR COUNSEL FOR FAILURE TO CHALLENGE THE SUFFICIENCY OF THE INDICTMENT.

POINT III

THE COURT ERRED IN DENYING THE DEFENDANT'S PETITION FOR ...


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