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State of New Jersey v. Robert Thomas

July 19, 2012

STATE OF NEW JERSEY, PLAINTIFF-RESPONDENT,
v.
ROBERT THOMAS, A/K/A KOFI BAYETE,*FN1 DEFENDANT-APPELLANT.



On appeal from the Superior Court of New Jersey, Law Division, Morris County, Indictment No. 92-07-0823.

Per curiam.

NOT FOR PUBLICATION WITHOUT THE APPROVAL OF THE APPELLATE DIVISION

Submitted May 30, 2012

Before Judges Reisner and Simonelli.

Defendant Robert Thomas appeals from the November 30, 2009 order, which denied his petition for post-conviction relief (PCR). We affirm.

Following a jury trial, defendant was convicted of two counts of first-degree aggravated sexual assault, N.J.S.A. 2C:14-2a(3) and (4) (counts one and six); second-degree burglary, N.J.S.A. 2C:18-2 (counts two and seven); third-degree possession of a weapon for unlawful purposes, N.J.S.A. 2C:39-4d (counts three and eight); third-degree criminal restraint, N.J.S.A. 2C:13-2 (counts four and nine); and third degree terroristic threats, N.J.S.A. 2C:12-3b (counts five and ten). The trial judge imposed, in part, an extended term of life imprisonment with a twenty-five-year period of parole ineligibility on count one, and a consecutive twenty-year term of imprisonment with a ten-year period of parole ineligibility on count six.

On appeal, defendant raises the following contentions:

POINT I SINCE THE NEWLY DISCOVERED

EVIDENCE WAS EXCULPATORY, THE ORDER DENYING POST-CONVICTION RELIEF SHOULD BE REVERSED BECAUSE THE DEFENDANT ESTABLISHED A VIOLATION OF HIS FOURTEENTH AMENDMENT DUE PROCESS RIGHT TO SHOW THIRD[-]PARTY GUILT.

POINT II THE ORDER DENYING POST-CONVICTION

RELIEF SHOULD BE REVERSED BECAUSE THE CONSEQUENCES THAT THE VIOLATION OF THE DEFENDANT'S DUE PROCESS RIGHT TO SHOW THIRD[-] PARTY GUILT HAD ON THE INTEGRITY OF THE CRIMINAL JUSTICE SYSTEM AND ON THE DEFENDANT'S RIGHT TO A FAIR TRIAL WARRANTED RELAXATION OF THE PROCEDURAL BAR OF RULE 3:22-5.

POINT III DEFENDANT REASSERTS ALL OTHER

ISSUES RAISED IN DEFENDANT'S PRO SE BRIEFS AND IN [POST-CONVICTION ...


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