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State v. Williams

May 7, 2010

STATE OF NEW JERSEY, PLAINTIFF-RESPONDENT,
v.
WILLIE WILLIAMS, DEFENDANT-APPELLANT.



On appeal from Superior Court of New Jersey, Law Division, Mercer County, Indictment No. 722-81.

Per curiam.

NOT FOR PUBLICATION WITHOUT THE APPROVAL OF THE APPELLATE DIVISION

Submitted April 27, 2010

Before Judges Skillman and Simonelli.

This is an appeal from the denial of a fourth petition for post-conviction relief.

Defendant was found guilty of a murder committed in Trenton State Prison on March 14, 1981. The judgment of conviction was entered on May 20, 1982.

On his direct appeal, we affirmed defendant's conviction and sentence in an unreported opinion. State v. Williams, A- 4815-81T4 (Nov. 4, 1985), and the Supreme Court denied his petition for certification, 103 N.J. 467 (1986). Since then, we have affirmed the denial of defendant's first three petitions for post-conviction relief. State v. Williams, A-6020-86T4 (June 7, 1988), certif. denied, 113 N.J. 362 (1988); State v. Williams, A-2744-93T4 (Oct. 26, 1995), certif. denied, 143 N.J. 520 (1996); State v. Williams, A-2951-00T4 (Feb. 20, 2003), certif. denied, 177 N.J. 493 (2003).

The trial court summarily denied defendant's fourth petition for post-conviction relief, concluding that "defendant's arguments are without merit and have been previously adjudicated, pursuant to Rule 3:22-12 and Rule 3:22- 5."

On appeal, defendant presents the following arguments:

POINT ONE

AN ILLEGAL SENTENCE CAN BE CORRECTED AT ANY TIME, R. 3:22-12.

POINT TWO

WILLIAMS WAS SENTENCED TO A DISCRETIONARY ...


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