On appeal from Superior Court of New Jersey, Law Division, Monmouth County, Indictment No. 01-06-1073.
NOT FOR PUBLICATION WITHOUT THE APPROVAL OF THE APPELLATE DIVISION
Submitted January 4, 2011
Before Judges Parrillo and Espinosa.
Defendant appeals from the denial of his petition for post-conviction relief (PCR) without an evidentiary hearing. For the reasons that follow, we affirm.
Defendant was convicted by a jury of harassment, N.J.S.A. 2C:33-4; burglary, N.J.S.A. 2C:18-2; aggravated assault, N.J.S.A. 2C:12-1(b)(1); terroristic threats, N.J.S.A. 2C:12-3(a); possession of a prohibited weapon, N.J.S.A. 2C:39-3(e); stalking, N.J.S.A. 2C:12-10; and possession of a weapon by a previously convicted person, N.J.S.A. 2C:39-7(a). On May 31, 2002, the State moved for an extended term sentence, pursuant to N.J.S.A. 2C:44-3(a). The trial court granted the State's motion, and imposed an aggregate sentence of twenty years with a ten-year period of parole ineligibility.
Defendant appealed and we affirmed his convictions and sentence in an unpublished opinion. State v. Lorenzo, No. A-5945-01 (App. Div. May 25, 2005). On September 29, 2005, the Supreme Court granted defendant's petition for certification in part, and summarily remanded the matter for resentencing in light of State v. Natale, 184 N.J. 458 (2005). State v. Lorenzo, 185 N.J. 262 (2005). On October 31, 2005, the trial court resentenced defendant pursuant to Natale, to the same twenty-year custodial term with a ten-year period of parole ineligibility.
In the interim, on October 27, 2005, defendant filed a pro se amended petition to correct an illegal sentence pursuant to R. 3:22-12. On March 17, 2006, the trial court heard argument and denied defendant's amended petition to correct an illegal sentence.
On April 4, 2006, defendant filed a notice of appeal from the trial court's order. On April 18, 2006, defendant filed a petition for post-conviction relief, which was dismissed pending resolution of his appellate case. By order dated June 12, 2006, we consolidated defendant's appeals from his resentencing and denial of his motion to correct an illegal sentence. (Appellate Division Docket Nos. A-4524-05T2 and A-2275-05T2). On March 27, 2007, we remanded defendant's case for resentencing pursuant to State v. Pierce, 188 N.J. 155 (2006), and retained jurisdiction.
On May 9, 2007, the trial court resentenced defendant, pursuant to Pierce, to the same twenty-year custodial term with a ten-year period of parole ineligibility but ordered that he was to receive prior service credits of 1804 days. We affirmed this sentence by order dated December 11, 2007. The New Jersey Supreme Court denied defendant's petition for certification. State v. Lorenzo, 195 N.J. 520 (2008).
On March 9, 2007, defendant filed another petition for post-conviction relief. On April 9, 2009, defendant appeared before the Honorable Edward M. Neafsey, J.S.C., for the PCR hearing, and Judge Neafsey denied defendant's PCR petition without an evidentiary hearing. Defendant filed a notice of appeal from this order on or about June 4, 2009.
Defendant also filed a petition for a writ of habeas corpus pursuant to 28 U.S.C. § 2254 in the United States District Court for the District of New Jersey. On July 6, 2009, the United States District Court denied defendant's habeas petition and denied a certificate of appealability. Lorenzo v. Power, Civil Action No. 08-4079 (D.N.J. July 6, 2009).
Defendant presents the following issues for our ...