On appeal from the Superior Court of New Jersey, Law Division, Essex County, Indictment No. 84-08-02503.
NOT FOR PUBLICATION WITHOUT THE APPROVAL OF THE APPELLATE DIVISION
Before Judges Cuff and Sapp-Peterson.
In June 1985, a jury found defendant Teddy Rose guilty of murder, N.J.S.A. 2C:11-3a; second degree possession of a weapon (a sawed-off shotgun) for an unlawful purpose, N.J.S.A. 2C:39- 4a; third degree unlawful possession of a weapon, N.J.S.A. 2C:39-3b; and fourth degree hindering apprehension, N.J.S.A. 2C:29-3b(2). The victim was an Irvington police officer.
Later, the jury returned a special verdict requiring imposition of a sentence of death and a death warrant issued. On September 22, 1988, the Supreme Court of New Jersey affirmed the verdicts of guilt, but reversed the death sentence. State v. Rose, 112 N.J. 454, 547 (1988). At the re-sentencing trial, the jury did not render a unanimous verdict; therefore, the trial judge imposed a term for "his natural life" with a thirty-year period of parole ineligibility.
After pursuing habeas corpus relief in federal court, defendant filed a motion to correct an illegal sentence on January 8, 2008. Considered a petition for post-conviction relief (PCR), Judge St. John denied the petition on January 16, 2009.*fn1 The judge held the sentence imposed is a legal sentence.
On appeal, defendant reiterates his contention that his sentence should be amended to seventy-five years imprisonment with a twenty-five year period of parole ineligibility.*fn2 We disagree.
We affirm the January 16, 2009 order substantially for the reasons expressed by Judge St. John in his written ...