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State v. Chisholm

February 5, 2010

STATE OF NEW JERSEY, PLAINTIFF-RESPONDENT,
v.
ROBERT R. CHISHOLM, DEFENDANT-APPELLANT.



On appeal from the Superior Court of New Jersey, Law Division, Camden County, Indictment No. 07-01-0412.

Per curiam.

NOT FOR PUBLICATION WITHOUT THE APPROVAL OF THE APPELLATE DIVISION

Submitted January 11, 2010

Before Judges Lisa and Coburn.

Defendant appeals from an order denying his post-conviction relief (PCR) petition. He pled guilty to third-degree criminal restraint, N.J.S.A. 2C:13-2(a). Pursuant to a plea agreement, defendant received the recommended sentence, namely five years imprisonment, concurrent to the sentence he was then serving, with "negotiated" jail credits from the date of his arrest 157 days prior to sentencing (notwithstanding that he was serving a jail sentence on unrelated charges during that time), and dismissal of other charges arising out of the incident, including first-degree aggravated sexual assault. The PCR judge found that defendant's claims were procedurally barred and substantively lacking in merit. He also found that defendant failed to establish a prima facie case of ineffective assistance of counsel and therefore denied defendant's request for an evidentiary hearing.

Defendant argues:

POINT ONE

THE PROCEDURAL BAR OF R. 3:22-3 SHOULD NOT HAVE BEEN APPLIED TO DEFENDANT'S PETITION FOR POST CONVICTION RELIEF.

POINT TWO

THE PCR COURT ERRED WHEN IT FAILED TO GRANT DEFENDANT A NEW SENTENCE HEARING AS [A] RESULT OF TRIAL COUNSEL PROVIDING DEFENDANT WITH INEFFECTIVE ASSISTANCE AT THE SENTENCE HEARING.

POINT THREE

THE FAILURE OF TRIAL COUNSEL TO EXPLAIN THE FULL CONSEQUENCES OF DEFENDANT'S PLEA CAUSED DEFENDANT TO LACK KNOWLEDGE AND UNDERSTANDING OF THE AGREEMENT, RESULTING IN MORE TIME IN PRISON THEN HE EXPECTED, DEPRIVING DEFENDANT OF HIS CONSTITUTIONAL RIGHT TO THE EFFECTIVE ASSISTANCE OF COUNSEL.

POINT FOUR

THE PCR COURT ERRED WHEN IT FAILED TO GRANT DEFENDANT'S REQUEST FOR AN ...


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