On appeal from Superior Court of New Jersey, Law Division, Essex County, Indictment Nos. 02-01-0291 and 02-01-0292.
NOT FOR PUBLICATION WITHOUT THE APPROVAL OF THE APPELLATE DIVISION
Submitted February 1, 2011
Before Judges Espinosa and Skillman.
Defendant appeals from the denial of his petition for post- conviction relief (PCR). We affirm.
Following a jury trial, defendant was convicted of first- degree robbery, N.J.S.A. 2C:15-1; third-degree unlawful possession of a handgun, N.J.S.A. 2C:39-5(b); second-degree possession of a handgun for an unlawful purpose, N.J.S.A. 2C:39- 4(a); and fourth-degree aggravated assault, N.J.S.A. 2C:12-1(b).
The State's motion for an extended term was granted and defendant was sentenced as a persistent offender to an aggregate term of fifty years with the first twenty years subject to the No Early Release Act (NERA), N.J.S.A. 2C:43-7.2. We affirmed his convictions and sentence on appeal in an unpublished opinion, State v. Porter, No. A-4193-02 (App. Div. May 24, 2006). The relevant facts are set forth in that opinion and need not be repeated here.
The Supreme Court granted defendant's petition for certification and remanded for the limited purpose of resentencing. State v. Porter, 188 N.J. 487 (2006). Thereafter, defendant was resentenced on the robbery count twice, resulting in a term of twenty-five years and six months, with the first twenty years subject to NERA.
Defendant filed a PCR petition in July 2007, in which he claimed he was deprived the effective assistance of trial counsel and that the prosecutor had committed misconduct. His petition was denied and, in this appeal, defendant presents the following issues for our consideration:
THE LOWER COURT ORDER MUST BE REVERSED SINCE DEFENDANT RECEIVED INEFFECTIVE ASSISTANCE OF COUNSEL
A. TRIAL COUNSEL FAILED TO OBJECT MORE STRENUOUSLY TO THE PROSECUTOR'S INAPPROPRIATE COMMENT DURING SUMMATION
B. TRIAL COUNSEL FAILED TO INVESTIGATE POTENTIAL WITNESSES
C. COUNSEL WAS INEFFECTIVE DURING SENTENCING ...