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State v. Watford

May 5, 2010

STATE OF NEW JERSEY, PLAINTIFF-RESPONDENT,
v.
IRONE WATFORD, DEFENDANT-APPELLANT.



On appeal from the Superior Court of New Jersey, Law Division, Hudson County, Indictment No. 94-06-904.

Per curiam.

NOT FOR PUBLICATION WITHOUT THE APPROVAL OF THE APPELLATE DIVISION

Submitted April 19, 2010

Before Judges Lisa and Coburn.

Defendant appeals from denial of his petition for post-conviction relief (PCR), also denominated a motion to correct an illegal sentence. The appendix provided to us is incomplete. Our description of the procedural history will therefore be based upon the recitation of that history in appellant's brief, with which the State concurs, but much of which is not supported by documentation in the appendix.

Defendant was convicted in 1997 of multiple counts in an indictment, including aggravated sexual assault, robbery, carjacking, and kidnapping. He was sentenced on September 22, 1997 to an extended term of life imprisonment subject to a twenty-five year parole disqualifier for aggravated sexual assault. For robbery, he was sentenced to twenty years imprisonment with a ten-year parole disqualifier. For carjacking, he was sentenced to thirty years imprisonment with a ten-year parole disqualifier. For kidnapping, he was sentenced to thirty years imprisonment with a fifteen-year parole disqualifier. All sentences were ordered to be served consecutively, thus resulting in an aggregate sentence of life plus eighty years imprisonment with a sixty-year parole disqualifier.

On March 31, 2000, we affirmed defendant's convictions and sentence, and on July 7, 2000, the Supreme Court denied defendant's petition for certification. On October 19, 2000, defendant filed his first PCR petition, which was denied on January 17, 2002. On June 16, 2003, we affirmed, and on October 29, 2003, the Supreme Court denied defendant's petition for certification.

Defendant filed a petition for habeas corpus relief in the United State District Court, which was denied on April 27, 2007.

On April 9, 2009, defendant filed the PCR petition, or motion to correct an illegal sentence, which is the subject of this appeal. On May 29, 2009, Judge Michael L. Ravin denied the petition without granting an evidentiary hearing. For reasons that are unclear to us, the matter was also considered and denied by Judge Camille M. Kenny on July 15, 2009, also without a hearing.

The notice of appeal, which is dated July 13, 2009 and was filed on July 17, 2009, states that review is sought from Judge Ravin's order of May 29, 2009. However, because Judge Kenny's decision and order have also been furnished to us, we deem the appeal to include that order as well.

In his appellate brief, filed July 17, 2009, defendant raises the following arguments:

POINT I.

THE DEFENDANT-APPELLANT SHOULD BE ALLOWED TO PROCEED AS AN ...


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