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State v. Nixon

August 26, 2009

STATE OF NEW JERSEY, PLAINTIFF-RESPONDENT,
v.
EDDIE NIXON, DEFENDANT-APPELLANT.



On appeal from Superior Court of New Jersey, Law Division, Middlesex County, Indictment No. 90-03-00161.

Per curiam.

NOT FOR PUBLICATION WITHOUT THE APPROVAL OF THE APPELLATE DIVISION

Submitted August 4, 2009

Before Judges Lihotz and Baxter.

Defendant Eddie Nixon appeals from a post conviction order denying his request to withdraw his guilty plea. Specifically, defendant argues:

POINT I

DEFENDANT'S PLEA WAS NOT KNOWING AND VOLUNTARY BECAUSE HE WAS COERCED BY COUNSEL INTO PLEADING GUILTY THEREFORE HE SHOULD BE PERMITTED TO RETRACT HIS PLEA.

POINT II

DEFENDANT'S 1990 GUILTY PLEA SHOULD NOT HAVE BEEN USED TO ENHANCE DEFENDANT'S PRESENT SENTENCE, AS HE WAS NEVER ADVISED OF HIS CONSTITUTIONAL RIGHTS [] TO A JURY TRIAL, TO CONFRONT HIS ACCUSERS, AND HIS PRIVILEGE AGAINST SELF-INCRIMINATION.

POINT III

DEFENDANT WAS DENIED HIS CONSTITUTIONAL RIGHT OF THE EFFECTIVE ASSISTANCE DURING SENTENCING AND DURING HIS ORIGINAL POST-CONVICTION APPLICATION.

POINT IV

DEFENDANT['S] PLEA SHOULD BE WITHDRAWN BECAUSE OF [THE] DE MINIM[U]S DOCTRINE AND ALL EVIDENCE SUPPRESSED ...


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