January 30, 2012
STATE OF NEW JERSEY, PLAINTIFF-RESPONDENT,
JOSE E. CRUZ, DEFENDANT-APPELLANT.
On appeal from Superior Court of New Jersey, Law Division, Hudson County, Indictment No. 06-04-0679.
NOT FOR PUBLICATION WITHOUT THE APPROVAL OF THE APPELLATE DIVISION
Submitted January 9, 2012
Before Judges Grall and Skillman.
Pursuant to an agreement with the State, defendant Jose E. Cruz pled guilty to five counts of first-degree robbery, N.J.S.A. 2C:15-1b, charged in a twenty-seven-count indictment.
The remaining twenty-two counts were dismissed, and defendant was sentenced to five concurrent twelve-year terms of imprisonment subject to periods of parole ineligibility and supervision required by the No Early Release Act, N.J.S.A. 2C:43-7.2. On direct appeal, defendant only challenged his sentence. We affirmed after hearing oral argument in accordance with Rule 2:9-11, and the Supreme Court denied certification, State v. Cruz, 194 N.J. 446 (2008). Defendant now appeals from a denial of his petition for post-conviction relief.
He raises these issues:
I. THE TRIAL COURT ERRED IN DENYING DEFENDANT'S MOTION FOR POST-CONVICTION RELIEF.
II. DEFENDANT'S TRIAL COUNSEL PROVIDED INEFFECTIVE ASSISTANCE TO DEFENDANT.
III. THE TRIAL COURT ERRED BY REFUSING TO AFFORD DEFENDANT AN EVIDENTIARY HEARING.
Having considered the arguments in light of the record, we have concluded that they are without sufficient merit to warrant discussion in a written opinion, R. 2:11-3(e)(2), and affirm substantially for the reasons stated by Judge Theemling in his oral decision of September 10, 2009.
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