On appeal from Superior Court of New Jersey, Law Division, Union County, Indictment No. 03-12-01276.
NOT FOR PUBLICATION WITHOUT THE APPROVAL OF THE APPELLATE DIVISION
Submitted March 27, 2012 --
Before Judges Yannotti and Guadagno.
Defendant Terry Cornelius Jones appeals from an order entered by the Law Division on July 31, 2009, denying his petition for post-conviction relief (PCR). We affirm in part, reverse in part and remand to the PCR court to determine whether defendant is entitled to the award of additional jail credits.
Defendant was charged with two counts of second-degree sexual assault, contrary to N.J.S.A. 2C:14-2(c)(1) (counts one and three); and two counts of fourth-degree criminal sexual contact, contrary to N.J.S.A. 2C:14-3(b). Defendant was arrested on these charges in Florida and spent forty days in jail there before extradition to New Jersey. Defendant was tried before a jury. At the trial, the State presented evidence that K.A., the nineteen-year old daughter of defendant's friend, had moved from Florida to attend school in New Jersey and was living with defendant in his three-story home in Elizabeth.
K.A. testified that, on the evening of March 18, 2003, defendant entered her room. He was wearing a t-shirt and had a towel wrapped around his lower body. According to K.A., defendant appeared to have been drinking. K.A. testified that he forcibly penetrated her vagina with his penis. She said that her lip was injured in the assault, and she had bruises on her arm for over a week. K.A. reported the incident to her boyfriend. He told her to go to the police but she did not do so because she was afraid.
K.A. further testified that on March 22, 2003, at approximately 4:00 a.m., defendant entered her room. He sat on her bed. She stated that he took her pants off and again forcibly penetrated her vagina with his penis. She said that she screamed during the assault. K.A. logged onto her computer, entered a "chat room," and said that she needed help. She later reported the incident to the police and provided the police with a used condom.
Defendant did not testify at trial. His brother testified that he did not observe any injuries to K.A.'s lip, and he said that she never mentioned the assaults. Defendant's brother said that he was present in the house when the first assault was said to have occurred but he did not hear any commotion, screaming or fighting.
The jury found defendant guilty on all charges. The trial court sentenced defendant to consecutive, seven-year terms of incarceration on counts one and three, each with periods of parole ineligibility as prescribed by the No Early Release Act, N.J.S.A. 2C:43-7.2. The court also sentenced defendant to concurrent, eighteen-month terms of incarceration on counts two and four.
Defendant appealed from the judgment of conviction entered on October 14, 2005. In that appeal, defendant argued:
THE JURY INSTRUCTIONS ON THE STATE'S EXPERT WITNESSES WERE DEFICIENT AND LACKING CRITICAL PORTIONS OF THE MODEL ...