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State v. Gurley

June 30, 2009

STATE OF NEW JERSEY, PLAINTIFF-RESPONDENT,
v.
JAMES GURLEY, DEFENDANT-APPELLANT.



On appeal from Superior Court of New Jersey, Law Division, Camden County, Indictment Nos. 99-07-2378 and 99-09-2746.

Per curiam.

NOT FOR PUBLICATION WITHOUT THE APPROVAL OF THE APPELLATE DIVISION

Submitted April 27, 2009

Before Judges Reisner and Alvarez.

Defendant James Gurley appeals an order dated August 25, 2006, denying him post-conviction relief (PCR). We affirm.

Defendant was charged in Camden County Indictment No. 99-07-2378 with first-degree robbery, N.J.S.A. 2C:15-1; second- degree possession of a firearm for an unlawful purpose, N.J.S.A. 2C:39-4(a); fourth-degree aggravated assault with a firearm, N.J.S.A. 2C:12-1(b)(4); and third-degree threatening violence, N.J.S.A. 2C:12-3(a). A second Camden County indictment, No. 99-09-2746, charged him with first-degree aggravated manslaughter, N.J.S.A. 2C:11-4(c); second-degree possession of a firearm for an unlawful purpose, N.J.S.A. 2C:39-4(a); third-degree unlawful possession of a weapon, N.J.S.A. 2C:39-5(b); second-degree eluding law enforcement officials, N.J.S.A. 2C:29-2(b); second-degree conspiracy, N.J.S.A. 2C:5-2; and third-degree hindering apprehension or prosecution, N.J.S.A. 2C:29-3(b)(1).

On June 16, 2000, defendant entered a guilty plea to the aggravated manslaughter charge in Indictment No. 99-09-2746. The recommended sentence was eighteen years subject to the No Early Release Act (NERA), N.J.S.A. 2C:43-7.2. On that same date, defendant entered a guilty plea to the first-degree robbery charged in Indictment No. 99-07-2378 in exchange for a recommendation of a concurrent eighteen-year term, also subject to NERA's 85% parole ineligibility. Appropriate fines and penalties were imposed.

The supplemental NERA form, explaining that the term of imprisonment would be followed by a five-year parole supervision term, was not signed until defendant's sentence date of July 28, 2000. Neither a copy of the plea transcript nor the sentencing transcript was provided on appeal.

Defendant's PCR petition was filed on August 24, 2005, and denied on August 18, 2006. No plea or sentencing transcript was supplied to the motion judge either.

Defendant's points on appeal are as follows:

POINT I

DEFENDANT'S LATE FILING OF HIS PETITION FOR POST-CONVICTION RELIEF CONSTITUTED EXCUSEABLE (SIC) NEGLECT.

A. DEFENDANT'S DELAY IN FILING HIS PETITION FOR POST-CONVICTION RELIEF WAS MINOR.

B. DEFENDANT'S DELAY IN FILING HIS PETITION FOR POST-CONVICTION RELIEF IS NOT ...


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