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State v. Attino

July 26, 2010

STATE OF NEW JERSEY, PLAINTIFF-RESPONDENT,
v.
DOMINICK J. ATTINO, DEFENDANT-APPELLANT.



On appeal from the Superior Court of New Jersey, Law Division, Monmouth County, Indictment No. 98-03-0414.

Per curiam.

NOT FOR PUBLICATION WITHOUT THE APPROVAL OF THE APPELLATE DIVISION

Submitted July 6, 2010

Before Judges Lisa and Fuentes.

Defendant appeals from an order denying his petition for post-conviction relief (PCR). The subject of the petition was a conviction entered on August 7, 1998 for third-degree endangering the welfare of a child, N.J.S.A. 2C:24-4a. Defendant filed his PCR petition on August 23, 2005. Judge Mellaci found the petition deficient because it was time barred, and, alternatively, because it was lacking in substantive merit. The judge did not grant an evidentiary hearing.

On appeal, defendant argues:

POINT ONE

THE TRIAL COURT ERRED IN CONCLUDING THAT DEFENDANT'S PETITION FOR POST-CONVICTION RELIEF WAS TIME BARRED BECAUSE DEFENDANT'S FAILURE TO FILE HIS PETITION WITHIN FIVE YEARS OF HIS CONVICTION WAS DUE TO EXCUSABLE NEGLECT AND BECAUSE THE INTERESTS OF JUSTICE WARRANT RELAXATION OF THE TIME BAR.

POINT TWO

PLEA COUNSEL WAS INEFFECTIVE BECAUSE HE MISINFORMED DEFENDANT ABOUT THE CONSEQUENCES OF COMMUNITY SUPERVISION FOR LIFE.

POINT THREE

AT THE VERY LEAST, DEFENDANT WAS ENTITLED TO AN EVIDENTIARY HEARING.

We reject the argument in Point One and affirm the order denying defendant's PCR petition on the ground that it was time barred. In light of that disposition, it is not necessary for us to address Points Two and Three.

Pursuant to a plea agreement, defendant pled guilty on March 27, 1998 to an accusation charging him with third-degree endangering the welfare of a child, involving sexual conduct, in violation of N.J.S.A. 2C:24-4a. Sentence was imposed on August 7, 1998.*fn1 The sentence included a requirement that defendant would be subject to community supervision for life (CSL). When defendant pled guilty, he completed a plea form acknowledging that CSL would be part of his sentence. ...


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