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State v. Andre

July 2, 2009

STATE OF NEW JERSEY, PLAINTIFF-RESPONDENT,
v.
VILKINGS ANDRE, A/K/A ANDRE VILKINGS, A/K/A GENE PIERRE, A/K/A JEAN PIERRE, DEFENDANT-APPELLANT.



On appeal from Superior Court of New Jersey, Law Division, Union County, Indictment Nos. 97-01-0121, 96-06-0718, 96-05-0706, 96-04-0465, and 96-02-0154; Accusation No. 97-05-0563.

Per curiam.

NOT FOR PUBLICATION WITHOUT THE APPROVAL OF THE APPELLATE DIVISION

Submitted December 2, 2008

Before Judges Graves and Grall.

Defendant Vilkings Andre appeals from an order dated March 24, 2006, denying his petition for post-conviction relief. On appeal, defendant presents the following arguments:

POINT I

THE MOTION FOR POST-CONVICTION RELIEF WAS NOT TIME BARRED BECAUSE THE COURT IMPOSED ILLEGAL SENTENCES.

POINT II

THE DEFENDANT'S MOTION FOR POST-CONVICTION RELIEF SHOULD HAVE BEEN GRANTED BECAUSE THE DEFENDANT WAS DENIED HIS SIXTH AMENDMENT CONSTITUTIONAL RIGHT TO TRIAL BY JURY AND FOURTEENTH AMENDMENT DUE PROCESS RIGHT BECAUSE HIS SENTENCE VIOLATED THE DICTATES OF STATE V. NATALE AND BLAKELY V. WASHINGTON. U.S. CONST. AMEND. VI, XIV; N.J. CONST. (1947) ART. I, PARS. 8, 9, 10, 11.

POINT III

THE MOTION COURT ERRONEOUSLY DENIED DEFENDANT'S MOTION ON THE GROUNDS THAT THE DEFENDANT'S CASE WAS NOT IN THE "PIPELINE" AT THE TIME NATALE WAS DECIDED.

POINT IV

THE DEFENDANT'S MOTION FOR POST-CONVICTION RELIEF SHOULD HAVE BEEN GRANTED BASED UPON INEFFECTIVE ASSISTANCE OF COUNSEL AT THE DEFENDANT'S SENTENCING HEARING.

We are satisfied from our review of the record that Points II, III, and IV, do not warrant extended discussion in a written decision. R. 2:11-3(e)(2). However, we remand the sentence imposed on court two of Union County Indictment No. 96-05-0706, which charged defendant with third-degree possession of cocaine with intent to distribute ...


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