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State v. Grissett

April 22, 2008

STATE OF NEW JERSEY, PLAINTIFF-RESPONDENT,
v.
RANDY GRISSETT, DEFENDANT-APPELLANT.



On appeal from the Superior Court of New Jersey, Law Division, Passaic County, 01-10-1002-I.

Per curiam.

NOT FOR PUBLICATION WITHOUT THE APPROVAL OF THE APPELLATE DIVISION

Submitted April 1, 2008

Before Judges Skillman and Winkelstein.

Defendant Randy Grissett appeals from a July 28, 2006 order denying his petition for post-conviction relief. We affirm.

In 2001, defendant was convicted of first-degree robbery, fourth-degree unlawful possession of a weapon, a knife, and third-degree hindering apprehension. After merging the weapons conviction into the robbery conviction, the trial court imposed a fifteen-year prison term on the robbery conviction, subject to an eighty-five percent period of parole ineligibility pursuant to the No Early Release Act (NERA), N.J.S.A. 2C:43-7.2. The court imposed a concurrent five-year sentence on the hindering conviction.

On direct appeal, defendant raised the following points:

POINT ONE

DEFENDANT WAS DENIED A FAIR TRIAL BY THE TRIAL COURT'S FAILURE TO TAILOR THE CHARGE TO THE FACTS WHICH ALLOWED THE JURY TO ERRONEOUSLY BELIEVE THAT IF DEFENDANT USED THE KNIFE FOR A PROTECTIVE PURPOSE ONLY, HE COULD STILL BE GUILTY OF ROBBERY. (U.S. CONST. AMEND. V, XIV; N.J. CONST. (1947) ART. 1, PAR. 10). (Not Raised Below).

POINT TWO

THE EVIDENCE CLEARLY INDICATED THE NEED FOR A JURY INSTRUCTION ON SELF-DEFENSE. (Not Raised Below).

POINT THREE

THE ROBBERY CONVICTION MUST BE REVERSED BECAUSE IT IS HOPELESSLY INCONSISTENT WITH THE ACQUITTAL ON COUNT TWO.

POINT FOUR

GIVEN THE CIRCUMSTANCES OF THE OFFENSE, AND THAT THE 85% PROVISION OF NERA APPLIED TO THE SENTENCE, A FIFTEEN YEAR BASE TERM WAS EXCESSIVE.

We affirmed, State v. Grissett, No. A-0993-01 (App. Div. Aug. 20, 2003), and the New Jersey Supreme Court denied defendant's petition for ...


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