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State v. Hampton

March 25, 2010

STATE OF NEW JERSEY, PLAINTIFF-RESPONDENT,
v.
JASMINE HAMPTON, A/K/A JAZIRAH LAWRENCE, DEFENDANT-APPELLANT.



On appeal from the Superior Court of New Jersey, Law Division, Middlesex County, Indictment No. 03-02-00098-A.

Per curiam.

NOT FOR PUBLICATION WITHOUT THE APPROVAL OF THE APPELLATE DIVISION

Submitted March 1, 2010

Before Judges Rodríguez and Yannotti.

Defendant Jasmine Hampton appeals from an order entered by the Law Division on October 31, 2008, denying her petition for post-conviction relief (PCR). We affirm.

Defendant, Shariff Ingram (Ingram), Christopher Moore (Moore) and Lynn Smith (Smith) were charged under Middlesex County Indictment No. 00-06-764, with second degree conspiracy to commit robbery, N.J.S.A. 2C:5-2 (count one); second degree robbery, N.J.S.A. 2C:15-1 (counts two, three and four); third degree burglary, N.J.S.A. 2C:18-2 (count five); first degree murder, N.J.S.A. 2C:11-3(a)(3) (count six); third degree theft, N.J.S.A. 2C:20-3 (count seven); and third degree possession of a weapon for an unlawful purpose, N.J.S.A. 2C:39-4(a) (count eight). On February 19, 2003, defendant pled guilty to first degree robbery, contrary to N.J.S.A. 2C:15-1, as charged in Accusation 98-02-03. As part of the plea bargain, the charges in Indictment No. 00-06-764 were dismissed.

The court sentenced defendant to thirteen years of incarceration, with a period of parole ineligibility as prescribed by the No Early Release Act (NERA), N.J.S.A. 2C:43-7.2. The court ordered the sentence to be served consecutively to a sentence defendant was then serving. Defendant appealed her sentence. We affirmed. State v. Hampton, No. A-4838-02 (App. Div. Sept. 24, 2003).

Defendant thereafter filed a motion in the trial court to amend her sentence so that it would run concurrently with the previously imposed sentence. The trial court entered an order on February 10, 2004, denying the motion. Defendant filed another motion seeking the same relief. The trial court denied that motion on April 7, 2004.

Defendant filed a petition for certification seeking review by the Supreme Court of our judgment in defendant's appeal challenging her sentence. The Court denied the petition. State v. Hampton, 179 N.J. 372 (2004).

Thereafter, defendant filed her first petition for PCR.

Defendant alleged, among other things, that she had been denied the effective assistance of trial, appellate and PCR counsel. The trial court entered an order on September 13, 2005, denying PCR. We affirmed the trial court's order. State v. Hampton, No. A-882-05T4 (App. Div. May 23, 2007) (slip op. at 2). Defendant then filed a petition for certification seeking review of that judgment by the Supreme Court. The Court denied the petition. State v. Hampton, 192 N.J. 596 (2007).

On February 25, 2008, defendant filed her second petition for PCR. The trial court entered an order dated May 1, 2008, denying the petition without prejudice. On May 30, 2008, defendant filed her third PCR application. The trial court entered an order dated October 31, 2008, denying PCR. This appeal followed.

Defendant raises the following issues for our ...


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