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State v. Gibbs

June 27, 2008

STATE OF NEW JERSEY, PLAINTIFF-RESPONDENT,
v.
RICHARD GIBBS, DEFENDANT-APPELLANT.



On appeal from the Superior Court of New Jersey, Law Division, Burlington County, Indictment No. 96-02-0105.

Per curiam.

NOT FOR PUBLICATION WITHOUT THE APPROVAL OF THE APPELLATE DIVISION

Submitted May 20, 2008

Before Judges Skillman and LeWinn.

Defendant appeals from an order of the trial court entered on June 26, 2006, denying his petition for post-conviction relief. He raises the following issues for our consideration:

POINT I

DEFENDANT WAS DENIED THE EFFECTIVE ASSISTANCE OF TRIAL COUNSEL.

POINT II

DEFENDANT'S PLEA WAS COERCED BY VINDICTIVE PROSECUTION.

POINT III

THE PETITION FOR POST-CONVICTION RELIEF SHOULD NOT HAVE BEEN DISMISSED WITHOUT A HEARING WHEREIN DEFENDANT COULD HAVE ESTABLISHED THOSE CLAIMS WHICH REQUIRED THAT EVIDENCE BE TAKEN.

Having reviewed the entire record, we conclude that defendant's arguments are without merit. We affirm substantially for the reasons set forth in the decision of Judge Patricia LeBon. We add only the following comments.

Burlington County Indictment No. 97-02-0105 charged defendant as follows: four counts of first-degree kidnapping in violation of N.J.S.A. 2C:13-1(b)(1); five counts of first-degree aggravated sexual assault in violation of N.J.S.A. 2C:14-2 (a)(1); eight counts of second-degree sexual assault in violation N.J.S.A. 2C:14-2(b); fifteen counts of second-, third-, and fourth-degree endangering the welfare of a child in violation of N.J.S.A. 2C:24-4; and three counts of fourth-degree lewdness in violation of N.J.S.A. 2C:14-4(b)(1).

The charges stemmed from defendant's ongoing sexual abuse of six girls, all under the age of twelve, including his own daughter. Over a period of time, in some cases dating back to 1993, defendant not only engaged in sexual conduct with these girls but also videotaped ...


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