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State v. Streater

July 26, 2010

STATE OF NEW JERSEY, PLAINTIFF-RESPONDENT,
v.
ROBIN STREATER, DEFENDANT-APPELLANT.



On appeal from the Superior Court of New Jersey, Law Division, Criminal Part, Camden County, Indictment No. 05-01-0086.

Per curiam.

NOT FOR PUBLICATION WITHOUT THE APPROVAL OF THE APPELLATE DIVISION

Submitted: June 29, 2010

Before Judges Stern and Skillman.

Defendant pled guilty to aggravated manslaughter, as amended from the charge of murder, on June 6, 2005. She was sentenced, pursuant to a negotiated disposition, to a term of 17 years in the custody of the Commissioner of Corrections, with 85% thereof to be served before parole eligibility under the No Early Release Act (NERA), N.J.S.A. 2C:43-7.2. Other offenses were dismissed as part of the negotiated disposition. Defendant's sentence was affirmed on the Oral Argument Sentence calendar by an order entered on September 19, 2006, and certification was denied. State v. Streater, 189 N.J. 429 (2007).

Defendant now appeals from the denial of her petition for post conviction relief. She contends:

POINT ONE

THE APPELLATE DIVISION DID NOT RULE ON DEFENDANT'S CLAIM SHE FAILED TO RECEIVE EFFECTIVE ASSISTANCE OF COUNSEL AT HER SENTENCING HEARING, THUS THIS ARGUMENT IS NOT BARRED BY R. 3:22-3.

POINT TWO

THE PCR COURT ERRED WHEN IT FAILED TO GRANT DEFENDANT A NEW SENTENCE HEARING AS A RESULT OF TRIAL COUNSEL PROVIDING DEFENDANT WITH INEFFECTIVE ASSISTANCE AT HER SENTENCE HEARING.

POINT THREE

THE INCLUSION OF INVESTIGATION REPORTS GENERATED BY THE STATE IN DEFENDANT'S PRESENTENCE REPORT WITHOUT DEFENDANT'S CONSENT VIOLATED DEFENDANT'S RIGHT TO TRIAL BY JURY, AND STATE V. NATALE, AND REQUIRES A REMAND FOR A NEW SENTENCE HEARING.

POINT FOUR

THE PCR COURT ERRED WHEN IT FAILED TO GRANT DEFENDANT'S REQUEST FOR AN ...


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