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State v. Hedgespeth

February 9, 2009

STATE OF NEW JERSEY, PLAINTIFF-RESPONDENT,
v.
DAMION HEDGESPETH, DEFENDANT-APPELLANT.



On appeal from Superior Court of New Jersey, Law Division, Hudson County, Indictment No. 00-05-0994.

Per curiam.

NOT FOR PUBLICATION WITHOUT THE APPROVAL OF THE APPELLATE DIVISION

Submitted October 22, 2008

Before Judges Stern and Payne.

Defendant, Damion Hedgespeth, appeals from the denial of his petition for post-conviction relief (PCR) following an extensive evidentiary hearing. On appeal, he raises the following issues for our consideration:

POINT I.

THE COURT ERRED IN DENYING POST-CONVICTION RELIEF BECAUSE THE DEFENDANT DID NOT RECEIVE EFFECTIVE ASSISTANCE OF TRIAL COUNSEL.

(A)

THE DEFENDANT ESTABLISHED A "REASONABLE PROBABILITY" THAT A DIFFERENT FINAL RESULT WOULD HAVE BEEN REACHED HAD DEFENSE COUNSEL FILED A PRETRIAL MOTION FOR A WADE HEARING.

(B)

THE DEFENDANT ESTABLISHED A REASONABLE PROBABILITY THAT HE DID NOT KNOW ABOUT OR UNDERSTAND THE MANDATORY 5 YEAR NERA PERIOD OF PAROLE SUPERVISION.

POINT II.

THE IMPOSITION OF THE 85% NERA PERIOD OF PAROLE INELIGIBILITY ON THE DEFENDANT'S CONVICTIONS FOR FIRST DEGREE ROBBERY ON COUNTS ONE, TWO AND THREE, WAS ILLEGAL BECAUSE THE CHARACTER OF THE INOPERABLE HANDGUN AS A DEADLY WEAPON BLUNT INSTRUMENT WAS NOT CONCEDED TO BY THE DEFENDANT AND WAS NOT ...


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