On appeal from Superior Court of New Jersey, Law Division, Essex County, Indictment No. 01-04-1602.
NOT FOR PUBLICATION WITHOUT THE APPROVAL OF THE APPELLATE DIVISION
Submitted October 6, 2009
Before Judges Skillman and Simonelli.
A jury found defendant guilty of conspiracy to commit robbery, in violation of N.J.S.A. 2C:5-2 and N.J.S.A. 2C:15-1; two counts of armed robbery, in violation of N.J.S.A. 2C:15-1; purposeful or knowing murder, in violation of N.J.S.A. 2C:11- 3a(1) and (2); felony murder, in violation of N.J.S.A. 2C:11- 3a(3); attempted murder, in violation of N.J.S.A. 2C:5-1 and N.J.S.A. 2C:11-3a; aggravated assault, in violation of N.J.S.A. 2C:12-1b(1); two counts of possession of a handgun without a permit, in violation of N.J.S.A. 2C:39-5b; and two counts of possession of a firearm for an unlawful purpose, in violation of N.J.S.A. 2C:39-4a. The trial court sentenced defendant to life imprisonment, with thirty years of parole ineligibility, for murder, and a consecutive twenty-year term of imprisonment, subject to the 85% parole ineligibility term mandated by NERA, N.J.S.A. 2C:43-7.2, for attempted murder. The court also imposed a concurrent twenty-year term of imprisonment, subject to the 85% parole ineligibility term mandated by NERA, for one of the armed robberies, and concurrent five-year terms for the two convictions for possession of a handgun without a permit.
The court merged defendant's other convictions.
We affirmed defendant's convictions and sentence in an unreported opinion, State v. Brown, A-2423-02 (April 30, 2004), and the Supreme Court denied his petition for certification, 181 N.J. 287 (2004).
On June 19, 2007, defendant filed a petition for post- conviction relief based on alleged ineffective assistance of trial counsel. In a comprehensive oral opinion delivered on November 5, 2007, the trial court denied defendant's petition.
Defendant filed a motion for rehearing, which the court also denied.
On appeal, defendant presents the following arguments:
THE TRIAL COURT COMMITTED REVERSIBLE ERROR IN DENYING APPELLANT'S MOTION FOR A REHEARING AND DENIAL OF POST CONVICTION RELIEF.
A. DENIAL OF APPLICATION FOR A REHEARING.
B. DENIAL OF POST CONVICTION RELIEF ...