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State v. Wiley

March 18, 2009

STATE OF NEW JERSEY, PLAINTIFF-RESPONDENT,
v.
BOBBY WILEY, DEFENDANT-APPELLANT.



On appeal from Superior Court of New Jersey, Law Division, Camden County, Indictment No. 00-10-2964.

Per curiam.

NOT FOR PUBLICATION WITHOUT THE APPROVAL OF THE APPELLATE DIVISION

Submitted February 24, 2009

Before Judges Graves and Grall.

Defendant Bobby Wiley appeals from an order dated December 14, 2006, denying his petition for post-conviction relief (PCR).

We affirm.

On October 2, 2000, defendant pled guilty to first-degree aggravated manslaughter, in violation of N.J.S.A. 2C:11-4(a). In return for defendant's guilty plea, the State agreed to recommend that defendant's sentence be limited to a twenty-year prison term with seventeen years of parole ineligibility under the No Early Release Act, N.J.S.A. 2C:43-7.2. After defendant was sentenced in accordance with the plea agreement, he claimed that his sentence was excessive, and he appealed. We affirmed pursuant to Rule 2:9-11, State v. Wiley, No. A-6446-00T4 (2004), and the Supreme Court denied defendant's petition for certification. 183 N.J. 218 (2005).

Defendant presents the following arguments on appeal:

POINT I

DEFENDANT'S AGGRAVATED MANSLAUGHTER CONVICTION MUST BE REVERSED BECAUSE THERE WAS NOT A FACTUAL BASIS TO SUPPORT HIS GUILTY PLEA.

POINT II

THIS MATTER MUST BE REMANDED FOR AN EVIDENTIARY HEARING BECAUSE A PRIMA FACIE CASE OF INEFFECTIVE ASSISTANCE OF COUNSEL WAS ESTABLISHED.

Our review of the record reveals that these arguments are without sufficient merit to warrant extensive discussion in a written opinion. R. 2:11-3(e)(2). Nevertheless, we add the following comments.

At his plea hearing on October 2, 2000, defendant testified he understood his constitutional rights, including his right to remain silent and his right to a jury trial, and that he was freely and voluntarily entering his guilty plea. He also stated he was satisfied with the legal services his attorney provided, and that he understood he was charged with recklessly, under circumstances manifesting extreme indifference to the value of human life, causing ...


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