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State v. Decker

September 8, 2008

STATE OF NEW JERSEY, PLAINTIFF-RESPONDENT,
v.
ANTHONY DECKER, DEFENDANT-APPELLANT.



On appeal from Superior Court of New Jersey, Law Division, Sussex County, Indictment No. 93-01-0004.

Per curiam.

RECORD IMPOUNDED

NOT FOR PUBLICATION WITHOUT THE APPROVAL OF THE APPELLATE DIVISION

Submitted August 26, 2008

Before Judges Lisa and Simonelli.

Defendant Anthony Decker appeals from the order of April 17, 2007 denying his post-conviction relief (PCR) petition. On appeal, defendant raises the following arguments:

POINT I:

APPLICATION OF THE LIMITED RETROACTIVITY HOLDING IN [STATE V. BELLAMY, 178 N.J. 127 (2003)] DENIES DEFENDANT FUNDAMENTAL FAIRNESS.

POINT II:

THE LIMITED RETROACTIVITY HOLDING IN [BELLAMY] VIOLATES THE PROTECTIONS AFFORDED DEFENDANT UNDER THE UNITED STATES AND NEW JERSEY CONSTITUTIONS.

POINT III:

DEFENDANT'S NOT HAVING BEEN ADVISED OF THE EFFECTS OF THE SEXUALLY VIOLENT PREDATOR'S ACT AMOUNTS TO INEFFECTIVE ASSISTANCE OF COUNSEL.

We reject these contentions and affirm.

Pursuant to a negotiated, unconditional plea agreement, on July 12, 1993, defendant pled guilty to first degree aggravated sexual assault, contrary to N.J.S.A. 2C:14-2a (counts one and four); and second degree sexual assault, contrary to N.J.S.A. 2C:14-2b (count four). The charges stem from defendant's ...


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