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State of New Jersey v. Miguel Gonzalez

February 1, 2012

STATE OF NEW JERSEY, PLAINTIFF-RESPONDENT,
v.
MIGUEL GONZALEZ, DEFENDANT-PETITIONER.



On appeal from Superior Court of New Jersey, Law Division, Passaic County, Indictment No. 87-08-1027.

Per curiam.

NOT FOR PUBLICATION WITHOUT THE APPROVAL OF THE APPELLATE DIVISION

Submitted January 18, 2012 -

Before Judges Espinosa and Kennedy.

Defendant appeals from the denial of his second petition for post-conviction relief (PCR). We affirm.

Defendant was convicted of first-degree murder, fourth- degree unlawful possession of a weapon, second-degree burglary and third-degree theft. He was sentenced on April 18, 1989 to an aggregate sentence of thirty years without any eligibility of parole. Defendant appealed and argued that comments by the prosecutor during summation deprived him of a fair trial; that trial counsel was ineffective and that the trial court abused its discretion by admitting "gruesome photographs" into evidence. His convictions and sentence were affirmed on direct appeal, State v. Bilbrault, No. A-1064-89T4 (App. Div. June 16, 1992), and his petition for certification was denied, State v. Gonzalez, 130 N.J. 595 (1992).

Defendant filed his first PCR petition on December 12, 1997. The trial court denied the petition. We affirmed in an unpublished opinion in which we noted that defendant's petition was time-barred, R. 3:22-12, and procedurally barred, R. 3:22-4, State v. Gonzalez, No. A-5909-97T4 (App. Div. November 12, 1999).*fn1

Defendant filed this, his second PCR petition, on July 7, 2006. The trial court denied his petition on August 27, 2010. In this appeal, defendant raises the following issues:

POINT I

POST-CONVICTION RELIEF RULES 3:22-4 AND -12 DO NOT BAR THE COURT'S

CONSIDERATION OF THE DEFENDANT'S CLAIM

POINT II

THE DEFENDANT WAS DENIED THE RIGHT TO A FAIR TRIAL AND THE RIGHT TO DUE PROCESS WHERE THE TRIAL COURT ISSUED A DEFECTIVE JURY ...


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