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State v. Venable

May 4, 2010

STATE OF NEW JERSEY, PLAINTIFF-RESPONDENT,
v.
REGINALD VENABLE, DEFENDANT-APPELLANT.



On appeal from Superior Court of New Jersey, Law Division, Union County, Indictment No. 01-11-1374.

Per curiam.

NOT FOR PUBLICATION WITHOUT THE APPROVAL OF THE APPELLATE DIVISION

Submitted December 1, 2009

Before Judges Skillman and Fuentes.

In 2003, defendant Reginald Venable was tried before a jury and convicted of first degree armed robbery, N.J.S.A. 2C:15-1, second degree possession of a handgun for an unlawful purpose, N.J.S.A. 2C:39-4a, and third degree unlawful possession of handgun without a permit, N.J.S.A. 2C:39-5b. The same jury convicted defendant, in a bifurcated proceeding, of second degree possession of a handgun by a person previously convicted of one of the offenses enumerated in N.J.S.A. 2C:39-7. The court sentenced him to an aggregate term of fifty years, with a twenty-year period of parole ineligibility and five years of parole supervision pursuant to the No Early Release Act (NERA), N.J.S.A. 2C:43-7.2.

We affirmed defendant's conviction and sentence on direct appeal, State v. Venable, Docket No. A-4618-02 (App. Div. Oct. 15, 2004), and the Supreme Court denied defendant's petition for certification, 183 N.J. 591 (2005). On July 19, 2005, defendant filed a post conviction relief (PCR) petition in the Law Division Criminal Part, alleging infective assistance of trial counsel. By order dated April 3, 2007, Judge Malone denied the petition. Defendant now appeals from this order raising the following arguments:

POINT ONE

THE TRIAL COURT ERRED IN DENYING DEFENDANT'S PETITION FOR POST-CONVICTION RELIEF BECAUSE THE ADMISSION OF HEARSAY DEPRIVED DEFENDANT OF HIS SIXTH AMENDMENT RIGHT TO CONFRONTATION.

POINT TWO

THE TRIAL COURT ERRED IN DENYING DEFENDANT'S PETITION FOR POST-CONVICTION RELIEF BECAUSE DEFENDANT'S RIGHT TO A FAIR TRIAL WAS VIOLATED WHEN THE CO-DEFENDANT TESTIFIED IN PRISON GARB.

POINT THREE

DEFENDANT IS ENTITLED TO A FULL EVIDENTIARY HEARING ON HIS CLAIMS.

POINT FOUR

DEFENDANT WAS ENTITLED TO AN EVIDENTIARY HEARING AND/OR POST-CONVICTION RELIEF BASED ON THE REMAINING ARGUMENTS ADVANCED ...


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