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State v. Clark

November 3, 2010

STATE OF NEW JERSEY, PLAINTIFF-RESPONDENT,
v.
ERIC S. CLARK, DEFENDANT-APPELLANT.



On appeal from Superior Court of New Jersey, Law Division, Burlington County, Indictment No. 99-04-0208.

Per curiam.

NOT FOR PUBLICATION WITHOUT THE APPROVAL OF THE APPELLATE DIVISION

Submitted October 19, 2010

Before Judges Skillman and Parrillo.

Defendant pled guilty pursuant to a plea bargain to attempted murder, in violation of N.J.S.A. 2C:5-1 and N.J.S.A. 2C:11-3(a)(1), and aggravated sexual assault, in violation of N.J.S.A. 2C:14-2(a)(4). These convictions were based on an incident in which defendant broke into the victim's apartment, stabbed her a number of times with a knife, inflicting serious injuries, and then sexually assaulted her. The trial court sentenced defendant in accordance with the plea bargain to concurrent twenty-year terms of imprisonment. The sentence for aggravated sexual assault was made subject to the 85% period of parole ineligibility mandated by the No Early Release Act.

N.J.S.A. 2C:43-7.2.

We heard defendant's appeal on an excess sentence calendar, see R. 2:9-11, and affirmed his sentence as not excessive. State v. Clark, No. A-4176-00T4 (Feb. 6, 2002). The Supreme Court denied defendant's petition for certification. 172 N.J. 357 (2002).

On December 7, 2007, nearly eight years after entry of his judgment of conviction, defendant filed a petition for post-conviction relief. The trial court denied the petition as untimely in an oral opinion delivered on February 23, 2009.

On appeal, defendant argues:

POINT I:

THE COURT ERRED IN RULING THAT DEFENDANT'S PETITION WAS TIME-BARRED.

POINT II:

THE FINAL JUDGMENT OF CONVICTION WAS NOT ENTERED ON FEBRUARY 25, 2000. ...


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