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State of New Jersey v. Hector Sanabria

SUPERIOR COURT OF NEW JERSEY APPELLATE DIVISION


May 19, 2011

STATE OF NEW JERSEY, PLAINTIFF-RESPONDENT,
v.
HECTOR SANABRIA, DEFENDANT-APPELLANT.

On appeal from the Superior Court of New Jersey, Law Division, Passaic County, Indictment No. 85-05-00492.

Per curiam.

NOT FOR PUBLICATION WITHOUT THE APPROVAL OF THE APPELLATE DIVISION

Submitted: May 11, 2011

Before Judges Cuff and Fisher.

Defendant Hector Sanabria appeals from the denial of his third petition for post-conviction relief (PCR). He is serving consecutive thirty-year terms of imprisonment with thirty years of parole ineligibility following his 1986 conviction of two counts of murder. Defendant is also serving concurrent terms for unlawful possession of a weapon (a handgun) and possession of the handgun for an unlawful purpose.

On appeal, defendant raises the following arguments:

POINT ONE

DEFENDANT-PETITIONER CONTENDS THAT THE PCR COURT ERRED IN NOT CONDUCTING A[N] EVIDENTIARY HEARING TO TAKE TESTIMONY IN MAKING AN INDEPENDENT CREDIBILITY EXAMINATION IN SUPPORT OF TRIAL COUNSEL['S] FAILURE TO COMMUNICATE THE STATE'S IN COURT CORRECTED PLEA ARRANGEMENT TO HIS CLIENT [WHICH] CONSTITUTED INEFFECTIVE ASSISTANCE OF COUNSEL PERFORMANCE UNDER THE U.S.C.A. SIXTH AND N.J.S. CONST. ART. 1. PAR. 10.

POINT TWO

DEFENDANT-PETITIONER['S] POST CONVICTION RELIEF SHOULD NOT BE TIME BARRED BECAUSE THE EXCEPTIONAL CIRCUMSTANCES OF THE CASE AMOUNT TO EXCUSABLE NEGLECT. AND THE INTERESTS OF JUSTICE REQUIRE A RELAXATION OF RULE 3:22-12. CONTRARY TO THE SIXTH CONST. AMEND. OF U.S. AND N.J. CONST. ART. 1. PAR. 10.

We affirm substantially for the reasons expressed by Judge Falcone in his comprehensive opinion dated July 28, 2010.

Affirmed.

20110519

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