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State v. Lyons

October 2, 2008

STATE OF NEW JERSEY, PLAINTIFF-RESPONDENT,
v.
JEFFREY LYONS, DEFENDANT-APPELLANT.



On appeal from the Superior Court of New Jersey, Law Division, Camden County, Indictment No. 00-12-3692.

Per curiam.

NOT FOR PUBLICATION WITHOUT THE APPROVAL OF THE APPELLATE DIVISION

Submitted August 27, 2008

Before Judges A. A. Rodríguez and C. L. Miniman.

Defendant Jeffrey Lyons appeals from the denial of his petition for post-conviction relief (PCR). We affirm.

In May 2001, defendant entered into an agreement with the State to plead guilty to second-degree aggravated assault on Yvonne Harris, Jonathan Park and Christina Moses, N.J.S.A. 2C:12-1b(1) and two counts of third-degree terroristic threats upon Moses, N.J.S.A. 2C:12-3(a)-(b). The State agreed to dismiss several related charges and to recommend concurrent terms aggregating ten years with a NERA*fn1 parole disqualifier.

Consistent with the agreement, Judge David G. Eynon imposed concurrent terms aggregating ten years with a NERA parole disqualifier and a three-year period of parole supervision. Defendant did not file a direct appeal. Rather, more than three years later, he filed, while represented by private counsel, a PCR petition. Defendant's verification of his PCR petition, which was provided to us by respondent rather than defendant, fails to assert any specific grounds for relief. The verification is very sparse. It states the following substantive allegations:

I make this application for post-conviction relief in light of Certain Supreme Court cases which were decided prior to the date of my offense. I also certify that this type of application is permissible by virtue of a decision by the Supreme Court of New Jersey decided prior to the date of my conviction.

In further compliance with Rule 3:22-8, I provide the following information:

(a) The Indictment Number relevant to this matter is 3692-12-01. Indictment Number 3692-12-00 was resolved by way of a plea of guilty to count eleven, Aggravated Assault (second degree) on May 21, 2001, before the Honorable David G. Eynon, J.S.C.

(b) On July 6, 2001, I was sentenced by the Honorable David G. Eynon, J.S.C. to ten years New Jersey State Prison, 85% to be served without parole.

(c) There have been no appellate proceedings relative to this conviction.

(d) There have been no post-conviction proceedings relative to this conviction.

Judge Thomas A. Brown, Jr. heard oral argument and denied the PCR petition. There was ...


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