On appeal from the Superior Court of New Jersey, Law Division, Passaic County, 01-10-1002-I.
NOT FOR PUBLICATION WITHOUT THE APPROVAL OF THE APPELLATE DIVISION
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:
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).
THE EVIDENCE CLEARLY INDICATED THE NEED FOR A JURY INSTRUCTION ON SELF-DEFENSE. (Not Raised Below).
THE ROBBERY CONVICTION MUST BE REVERSED BECAUSE IT IS HOPELESSLY INCONSISTENT WITH THE ACQUITTAL ON COUNT TWO.
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 ...