On appeal from the Superior Court of New Jersey, Law Division, Hudson County, Indictment No. 03-11-1996.
NOT FOR PUBLICATION WITHOUT THE APPROVAL OF THE APPELLATE DIVISION
Submitted January 14, 2009
Before Judges Fisher and C.L. Miniman.
Following a jury trial, defendant was convicted of second-degree eluding, N.J.S.A. 2C:29-2(b). The trial judge granted the State's motion to sentence defendant to an extended term as a persistent offender, N.J.S.A. 2C:44-3(a), and imposed a fifteen-year prison term with a seven-and-one-half year period of parole ineligibility.
Defendant appealed, arguing that the trial judge failed to properly instruct the jury on identification, that the judge's refusal to grant his motion to acquit was erroneous, and that he was denied the effective assistance of counsel. In an unpublished opinion filed on January 4, 2006, we rejected all these arguments and affirmed. State v. Aziz, No. A-1906-04T3 (App. Div. Jan. 4, 2006). The Supreme Court denied defendant's petition for certification on September 19, 2006. 188 N.J. 356.
On November 28, 2006, defendant filed a pro se petition for post-conviction relief (PCR). An amended petition was filed by counsel on defendant's behalf a few months later. Judge Paul M. DePascale, who also presided over the trial, heard oral argument and denied defendant's PCR petition for the reasons set forth in an oral decision.
Defendant appealed. Through counsel, defendant presents the following arguments for our consideration:
I. THE LOWER COURT ORDER MUST BE REVERSED SINCE DEFENDANT RECEIVED INEFFECTIVE ASSISTANCE OF TRIAL COUNSEL.
A. Trial counsel failed to present the trial testimony of Davon Butler, the real driver of the vehicle.
B. Trial counsel failed to object to erroneous charges.
II. THE LOWER COURT ORDER DENYING THE PETITION MUST BE REVERSED SINCE DEFENDANT RECEIVED INEFFECTIVE ASSISTANCE OF APPELLATE COUNSEL.
III. THE LOWER COURT ORDER MUST BE REVERSED SINCE DEFENDANT'S CONDUCT DID NOT CREATE A RISK OF DEATH OR INJURY.
IV. THE LOWER COURT ORDER DENYING THE PETITION MUST BE REVERSED SINCE THE TRIAL COURT FAILED TO PROVIDE DEFENDANT WITH ALL OF ...