On appeal from the Superior Court of New Jersey, Law Division, Atlantic County, Indictment Nos. 07-08-1839 and 07-09-2125.
NOT FOR PUBLICATION WITHOUT THE APPROVAL OF THE APPELLATE DIVISION
Submitted January 24, 2011
Before Judges Kestin and Newman.
Defendant, Teresa L. McCallum, appeals from an order denying her petition for post-conviction relief (PCR). R. 3:22.
Defendant had been convicted, pursuant to guilty pleas, of charges in two indictments: third-degree conspiracy regarding possession of a controlled dangerous substance, N.J.S.A. 2C:35- 10a(1); second-degree aggravated assault, N.J.S.A. 2C:12-1b(1); and third-degree possession of a weapon for unlawful purpose, N.J.S.A. 2C:39-4d. The remaining charges against defendant were dismissed, as provided in a plea agreement.
Also as provided in the plea agreement, defendant was sentenced, on February 8, 2008, for the second-degree crime -- into which the weapon conviction had merged, to five years of imprisonment with eighty-five percent parole ineligibility and three years of parole supervision upon release. A concurrent term of imprisonment for four years was imposed for the drug conviction. Appropriate fines, penalties and assessments were ordered.
Defendant did not file a direct appeal. She filed this petition for post-conviction relief on December 2, 2008. Judge DeLury denied the petition on August 14, 2009, for reasons stated on the record and in his letter opinion dated September 2, 2009. This appeal followed.
The drug charge had arisen when, on July 10, 2007, an Atlantic City Police Department SWAT team entered a hotel room in which defendant was present with someone who had, earlier, robbed a bank. Two twenty-dollar bags of cocaine were on a table between the beds, and a burnt glass tube was on the floor.
On entering her guilty plea to the drug charge, defendant replied in the affirmative to a question whether she had "some kind of agreement or understanding with the co-defendant . . . that [she was] going to get or obtain some cocaine."
The aggravated assault and weapon charges had arisen on July 30, 2007. The trial court judge, in his letter opinion, described the factual scenario in detail. Defendant, when she entered her guilty plea, acknowledged that she had "stabbed [the victim] three times."
For the most part, the arguments raised in this appeal track those made before the trial court in the proceeding on the ...