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State of New Jersey v. Brenda Wiley

SUPERIOR COURT OF NEW JERSEY APPELLATE DIVISION


February 24, 2012

STATE OF NEW JERSEY, PLAINTIFF-RESPONDENT,
v.
BRENDA WILEY, DEFENDANT-APPELLANT.

On appeal from the Superior Court of New Jersey, Law Division, Hunterdon County, Indictment No. 91-6-76.

Per curiam.

NOT FOR PUBLICATION WITHOUT THE APPROVAL OF THE APPELLATE DIVISION

Submitted February 15, 2012

Before Judges Fisher and Nugent.

Defendant was fifteen years old when she killed her mother and younger brother in 1990. After a contested hearing, the Family Part judge waived jurisdiction, and defendant was tried in 1992 in the Law Division, where she was convicted of the purposeful and knowing murders of her mother and brother.

Defendant was sentenced to concurrent life sentences with a thirty-year period of parole ineligibility.

Defendant appealed the judgment of conviction. We affirmed, State v. Wiley, No. A-3514-91 (App. Div. April 26, 1994), and the Supreme Court denied certification, 144 N.J. 174 (1996). Defendant filed a petition for post-conviction relief in 1997, claiming the ineffective assistance of counsel.*fn1 We affirmed the denial of that PCR petition, State v. Wiley, No. A- 1061-97 (App. Div. Oct. 2, 1998), and the Supreme Court denied certification, 157 N.J. 647 (1999). Defendant filed a second PCR petition in 2005.*fn2 We affirmed the denial of that second PCR petition, State v. Wiley, No. A-4543-05 (App. Div. Dec. 29, 2006), and the Supreme Court denied certification, 190 N.J. 393 (2007). In 2006, defendant also petitioned the federal district court for a writ of habeas corpus that was denied in 2008.

In January 2011, defendant moved in the trial court for reconsideration of her sentence. That motion was denied by order entered on February 17, 2011. Defendant appealed, presenting for our consideration the following arguments:

I. [THE TRIAL JUDGE] INCORRECTLY DENIED DEFENDANT'S MOTION FOR RECONSIDERATION OF SENTENCE.

II. THE PROSECUTOR INCORRECTLY DECLINED TO JOIN IN THE MOTION.

III. MOTION FOR RECONSIDERATION SHOULD HAVE BEEN ADMISSIBLE UNDER [VARIOUS RULES *fn3 ].

We find insufficient merit in these arguments to warrant discussion in a written opinion. R. 2:11-3(e)(2).

Affirmed.


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