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State of New Jersey v. Rodney Armour

December 16, 2010

STATE OF NEW JERSEY, PLAINTIFF-RESPONDENT,
v.
RODNEY ARMOUR, DEFENDANT-APPELLANT.



On appeal from Superior Court of New Jersey, Law Division, Monmouth County, Indictment No. 02-12-2454.

Per curiam.

NOT FOR PUBLICATION WITHOUT THE APPROVAL OF THE APPELLATE DIVISION

Submitted November 30, 2010

Before Judges Skillman and Yannotti.

A jury found defendant guilty of second degree robbery, in violation of N.J.S.A. 2C:15-1. The trial court granted the State's motion to sentence defendant to an extended term as a persistent offender and imposed a twenty-year sentence, subject to parole ineligibility for 85% of that term, as required by the No Early Release Act (NERA), N.J.S.A. 2C:43-7.2. This sentence was to be served concurrently with a sentence defendant was already serving for another offense.

On defendant's direct appeal, in an unpublished opinion, we affirmed his conviction and the grant of the State's motion to sentence him to an extended term as a persistent offender, but vacated his sentence and remanded the case to the trial court for resentencing in conformity with State v. Natale, 184 N.J. 458, 495-06 (2005). State v. Armour, No. A-5690-03T4 (Oct. 4, 2005).

On the remand, the trial court reimposed the same sentence it had imposed at defendant's original sentencing.

Thereafter, the Supreme Court granted defendant's petition for certification of our October 4, 2005 decision limited to the issue of sentence and summarily remanded to the trial court for resentencing in light of State v. Pierce, 188 N.J. 155 (2006). State v. Armour, 188 N.J. 259 (2006).

Following this remand, the trial court again resentenced defendant to a twenty-year term of imprisonment with the 85% period of parole ineligibility mandated by NERA.

Defendant then filed a petition for post-conviction relief based on the alleged ineffective assistance of trial counsel.

After hearing oral argument, Judge Chaiet denied defendant's petition by a lengthy oral opinion delivered on August 15, 2008.

On appeal from the order memorializing that denial, defendant presents the following arguments:

POINT I:

THE TRIAL COURT IMPROPERLY DENIED POST-CONVICTION RELIEF AS TRIAL COUNSEL AND PCR COUNSEL DENIED THE DEFENDANT A FAIR TRIAL AND EFFECTIVE ...


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