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State v. Shannon

SUPERIOR COURT OF NEW JERSEY APPELLATE DIVISION


May 25, 2010

STATE OF NEW JERSEY, PLAINTIFF-RESPONDENT,
v.
WILLIAM D. SHANNON, DEFENDANT-APPELLANT.

On appeal from Superior Court of New Jersey, Law Division, Burlington County, Indictment No. 03-07-0956.

Per curiam.

NOT FOR PUBLICATION WITHOUT THE APPROVAL OF THE APPELLATE DIVISION

Submitted May 11, 2010

Before Judges Skillman and Gilroy.

Defendant was charged with first-degree aggravated sexual assault, in violation of N.J.S.A. 2C:14-2(a)(2)(c). Defendant waived indictment and pled guilty to the charge pursuant to a plea bargain under which the State agreed to recommend a sentence of not more than ten years imprisonment, subject to the 85% period of parole ineligibility mandated by the No Early Release Act (NERA), N.J.S.A. 2C:43-7.2. The trial court sentenced defendant in accordance with this plea bargain to a ten-year term of imprisonment subject to the NERA parole disqualifier.

On defendant's appeal, which we heard on an excess sentence calendar, see R. 2:9-11, we affirmed this sentence. State v. Shannon, A-2267-04T4 (July 10, 2006). The Supreme Court denied defendant's petition for certification. 188 N.J. 493 (2006). Defendant filed a petition for post-conviction relief. The trial court denied this petition by an oral opinion delivered on January 14, 2008.

On appeal from the denial of the petition, defendant presents the following arguments:

I. THE TRIAL COURT ERRED IN FAILING TO GRANT AN EVIDENTIARY HEARING AS DEFENDANT HAD DEMONSTRATED A PRIMA FACIE CASE OF INEFFECTIVE ASSISTANCE OF COUNSEL.

II. THE TRIAL COURT ERRED IN FAILING TO GRANT AN EVIDENTIARY HEARING AS DEFENDANT HAD DEMONSTRATED A PRIMA FACIE CASE OF INEFFECTIVE ASSISTANCE OF TRIAL COUNSEL.

III. REMAINING POINTS OF INEFFECTIVE ASSISTANCE OF COUNSEL ISSUES ADJUDICATED.

We reject these arguments substantially for the reasons set forth in Judge LeBon's January 14, 2008 oral opinion.

Defendant's arguments do not warrant any additional discussion. R. 2:11-3(e)(2).

Affirmed.

20100525

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