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State v. Glenn

April 28, 2008

STATE OF NEW JERSEY, PLAINTIFF-RESPONDENT,
v.
HORACE GLENN, DEFENDANT-APPELLANT.



On appeal from the Superior Court of New Jersey, Law Division, Criminal Part, Middlesex County, Nos. 94-12-1780.

Per curiam.

NOT FOR PUBLICATION WITHOUT THE APPROVAL OF THE APPELLATE DIVISION

Submitted: February 25, 2008

Before Judges C.S. Fisher and C.L. Miniman.

Defendant Horace Glenn appeals from a final order of November 3, 2006, in which the judge denied defendant's motion for an order compelling the Office of the Public Defender, Middlesex County Region, to provide full discovery of the material and documents contained in the Public Defender's file respecting the judgment of conviction in this matter for which a sentence of thirty-two years was imposed on December 13, 1996.

By pleading guilty on April 15, 1996, under Indictment No. I-1780-12-94, defendant was convicted of first-degree armed robbery, first-degree aggravated sexual assault, third-degree criminal restraint, third-degree terroristic threats, third-degree possession of a weapon for unlawful purposes, fourth-degree aggravated assault and fourth-degree resisting arrest. He also pled guilty the same day under Accusation No. A-9604-00-89 to second-degree conspiracy to have aggravated criminal sexual contact.

Defendant was sentenced to sixteen years in State prison for the first-degree armed robbery with eight years of parole ineligibility. He was also sentenced to sixteen years with eight years of parole ineligibility on the first-degree aggravated sexual assault, which was to run consecutively to the armed-robbery sentence, but this term was to be served at the Adult Diagnostic and Treatment Center in Avenel. Various sentences from eighteen months to five years were imposed on all other offenses, all to run concurrent to the sixteen-year sentence for the armed robbery. Defendant was also sentenced to ten years with five years of parole ineligibility on the conviction of second-degree conspiracy, which was to run concurrently with the armed-robbery sentence.

Sometime between February 14, 2005, and August 2, 2006, defendant was released from East Jersey State Prison in Rahway and transferred to Avenel. However, before he was transferred, an electrical fire broke out on February 25, 2004, in the 6-North wing of East Jersey State Prison and all of the documents he possessed respecting his conviction and sentence were lost in the fire, as well as all of his other possessions.

In an effort to obtain duplicates of those records, defendant and a paralegal assistant at Avenel turned to the Public Defender. The paralegal wrote to a private attorney in New Brunswick who represented defendant at the request of the Public Defender. On August 8, 2006, that attorney's office advised that the file had been turned over to the Public Defender's office sometime previously. The paralegal assistant then wrote to the Deputy Public Defender in New Brunswick seeking copies of the various documents and materials.

When no answer was received by September 22, 2006, defendant filed a notice of motion returnable on October 13, 2006, under the indictment and accusation numbers seeking an order compelling the Deputy Public Defender to provide him with copies of the following documents:

1. Complaint/warrant, 2. Police reports,

3. Affidavit in support of complaint/ warrant,

4. Miranda*fn1 rights documents,

5. Complete grand jury ...


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