On appeal from the Superior Court of New Jersey, Law Division, Union County, Indictment Nos. 01-06-0758, 01-06-0759, 01-06-0479 and 01-06-0474.
NOT FOR PUBLICATION WITHOUT THE APPROVAL OF THE APPELLATE DIVISION
Submitted: October 27, 2010
Before Judges Cuff and Simonelli.
Defendant Jeffrey C. Baker appeals from the denial of his petition for post-conviction relief (PCR). He is serving a forty-four year term of imprisonment with a twenty-one year period of parole ineligibility following his conviction of robbery, possession of a weapon for an unlawful purpose, unlawful possession of a weapon, aggravated assault, and certain persons not to have a weapon.*fn1
Defendant filed a petition for PCR. Following an evidentiary hearing, Judge Barisonek denied the petition.
On appeal, defendant raises the following arguments:
THE ORDER DENYING POST-CONVICTION RELIEF SHOULD BE REVERSED AND THE DEFENDANT'S CONVICTIONS VACATED BECAUSE TRIAL COUNSEL'S DEFICIENT PERFORMANCE AT TRIAL AND THE RESULTING PREJUDICE TO THE DEFENDANT SATISFIED BOTH PRONGS OF THE STRICKLAND/FRITZ TEST FOR INEFFECTIVE ASSISTANCE OF COUNSEL.
(A) TRIAL COUNSEL'S FAILURE TO REQUEST ANCILLARY INVESTIGATIVE SERVICES FROM THE PUBLIC DEFENDER SATISFIED THE FIRST PRONG OF THE STRICKLAND/FRITZ TEST.
(B) UNDER THE SECOND PRONG OF THE STRICKLAND/FRITZ TEST, INSTEAD OF APPLYING APPROPRIATE R. 3:22 CRITERIA FOR PREJUDICE, THE COURT APPLIED AN IMPROPER "OUTCOME DETERMINATIVE" STANDARD.
THE COURT'S RULING DENYING POST-CONVICTION RELIEF VIOLATED THE DEFENDANT'S DUE PROCESS RIGHT TO ANCILLARY SERVICES AS GUARANTEED BY THE SIXTH AND FOURTEENTH AMENDMENTS TO THE UNITED STATES CONSTITUTION AND ARTICLE I, PARAGRAPH 1, OF THE NEW JERSEY CONSTITUTION AND THE DEFENDANT'S RIGHT TO EFFECTIVE ASSISTANCE OF COUNSEL AS GUARANTEED BY THE SIXTH AMENDMENT ...