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State v. Barnes

SUPERIOR COURT OF NEW JERSEY APPELLATE DIVISION


February 27, 2009

STATE OF NEW JERSEY, PLAINTIFF-RESPONDENT,
v.
TYRONE BARNES, DEFENDANT-APPELLANT.

On appeal from Superior Court of New Jersey, Law Division, Essex County, Indictment No. 93-04-1548.

Per curiam.

NOT FOR PUBLICATION WITHOUT THE APPROVAL OF THE APPELLATE DIVISION

Submitted February 10, 2009

Before Judges Skillman and Grall.

Defendant appeals from a June 25, 2007 order of the Law Division, which denied his motion "to correct [an] illegal sentence." Defendant presents the following arguments in support of his appeal:

POINT I:

THE LOWER COURT COMMITTED CONSTITUTIONAL ERROR BY FAILING TO REVIEW, RESOLVE AND ADDRESS APPELLANT'S MERGER OF CONVICTIONS CLAIM THAT WAS COGNIZABLE UNDER A[] POST-CONVICTION RELIEF APPLICATION, THUS SUMMARY DISPOSITION SHOULD BE GRANTED.

POINT II:

THE LOWER COURT ERRED IN IMPOSING A PAROLE DISQUALIFIER ON TOP OF A PRESUMPTIVE TERM, WITHOUT STATING REASONS, DESPITE THE 15-YEAR PRESUMPTIVE TERM ALONE, WOULD HAVE CLEARLY SATISFIED THE GRAVES ACT.

POINT III:

THE LOWER COURT ERRED IN DENYING COUNSEL, BECAUSE THE RECORD PROVE[S] THAT COUNSEL WAS IN FACT ASSIGNED OVER TWO-MONTHS PRIOR TO JUDGE ARBITRARY DENYING PCR PETITION. THUS, APPELLANT HAS DEMONSTRATED GOOD CAUSE.

POINT IV:

THE STATE DID NOT OPPOSE, CONTEST OR CHALLENGE APPELLANT'S PETITION TO CORRECT AN ILLEGAL SENTENCE AT THE LAW DIVISION, THEREFORE THIS COURT SHOULD ACCEPT APPELLANT'S CLAIM AS UNOPPOSED, AND IN VIOLATION OF RULE 3:22-9.

We affirm the order denying defendant's motion substantially for the reasons set forth in Judge Kennedy's June 25, 2007 written opinion. Defendant's arguments do not warrant any additional discussion. R. 2:11-3(e)(2).

Affirmed.

20090227

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