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State v. Borden

April 21, 2009

STATE OF NEW JERSEY, PLAINTIFF-RESPONDENT,
v.
KEITH BORDEN, DEFENDANT-APPELLANT.



On appeal from Superior Court of New Jersey, Law Division, Hudson County, Indictment No. 03-12-2096.

Per curiam.

NOT FOR PUBLICATION WITHOUT THE APPROVAL OF THE APPELLATE DIVISION

Submitted January 20, 2009

Before Judges Reisner and Alvarez.

Defendant Keith Borden appeals the denial on February 1, 2007, of his petition for post-conviction relief (PCR). We affirm.

On appeal, defendant raises the following points:

POINT I.

THE COURT ERRED IN DENYING DEFENDANT-APPELLANT'S APPLICATION FOR POST-CONVICTION RELIEF; TRIAL-LEVEL COUNSEL WAS INEFFECTIVE AND DEFENDANT-APPELLANT WAS PREJUDICED THEREBY. IN THE ALTERNATIVE, THE COURT SHOULD HAVE GRANTED DEFENDANT-APPELLANT AN EVIDENTIARY HEARING ON THIS ISSUE.

A. THE DEFENDANT-APPELLANT WAS DENIED EFFECTIVE ASSISTANCE OF COUNSEL AT SENTENCING WHEN HIS ATTORNEY DID NOT OPPOSE THE APPLICATION OF AGGRAVATING FACTOR (6), EXTENT AND SERIOUSNESS OF DEFENDANT'S PRIOR RECORD.

B. TRIAL-LEVEL COUNSEL WAS INEFFECTIVE WHEN HE FAILED TO ARGUE ANY MITIGATING FACTORS AT SENTENCING.

C. THE DEFENDANT-APPELLANT WAS ENTITLED TO AN EVIDENTIARY HEARING.

POINT II.

THE DEFENDANT-APPELLANT WAS DENIED EFFECTIVE ASSISTANCE OF COUNSEL IN HIS MOTION FOR POST-CONVICTION RELIEF.

We have considered the arguments in light of the record and applicable legal principles and reject the arguments in their entirety. See R. 2:11-3(e)(2). We affirm substantially for the reasons set forth in Judge ...


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