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State of New Jersey v. Albert Wessel

October 28, 2011

STATE OF NEW JERSEY, PLAINTIFF-RESPONDENT,
v.
ALBERT WESSEL, DEFENDANT-APPELLANT.



On appeal from Superior Court of New Jersey, Law Division, Bergen County, Indictment No. 03-09-1830.

Per curiam.

NOT FOR PUBLICATION WITHOUT THE APPROVAL OF THE APPELLATE DIVISION

Submitted October 17, 2011

Before Judges Alvarez and Skillman.

Defendant was found guilty by a jury of purposeful or knowing murder, in violation of N.J.S.A. 2C:11-3(a)(1)(2); armed robbery, in violation of N.J.S.A. 2C:15-1; and various other related offenses. The trial court sentenced defendant to life imprisonment, with thirty years parole ineligibility, for the murder, and a consecutive fifteen year term of imprisonment, with the 85% period of parole ineligibility mandated by the No Early Release Act, N.J.S.A. 2C:43-7.2, for the armed robbery.

The court imposed a concurrent sentence for one of defendant's other convictions and merged the remaining convictions.

On appeal, we affirmed defendant's convictions and sentences in an unreported opinion. State v. Wessel, No. A-1302-05 (App. Div. June 20, 2007). The Supreme Court denied defendant's petition for certification. State v. Wessel, 192 N.J. 482 (2007).

On May 16, 2008, defendant filed a first petition for post- conviction relief. The trial court denied the petition by an oral opinion rendered on November 3, 2008.

On appeal from the denial of that petition, we affirmed in an unreported opinion. State v. Wessel, No. A-1807-08 (App. Div. May 21, 2010). The Supreme Court subsequently denied defendant's petition for certification. State v. Wessel, 204 N.J. 41 (2010).

On July 28, 2010, defendant filed a second petition for post-conviction relief. On September 15, 2010, the trial court denied this petition on the ground defendant had failed to satisfy any of the recently adopted Rule 3:22-4(b)(2) prerequisites for filing a second petition for post-conviction relief.

On appeal, defendant presents the following arguments:

POINT I:

PLEA COUNSEL FAILED TO PROVIDE THE DEFENDANT AN OBJECTIVE ANALYSIS IN TERMS OF THE ADVANTAGES OF PLEADING ...


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