On appeal from Superior Court of New Jersey, Law Division, Hudson County, Indictment No. 04-02-0191.
NOT FOR PUBLICATION WITHOUT THE APPROVAL OF THE APPELLATE DIVISION
Before Judges Payne and Reisner.
Defendant, Donald Boyd, was convicted by a jury of second-degree eluding, N.J.S.A. 2C:29-2b, and the disorderly persons offense of resisting arrest, N.J.S.A. 2C:29-2a(1). He was sentenced in 2005 to ten years of imprisonment with five years of parole ineligibility on the eluding conviction, and to a concurrent six-month term for resisting arrest. On appeal, we affirmed defendant's conviction, but remanded the matter for reconsideration of defendant's sentence pursuant to State v. Natale, 184 N.J. 458, 494 (2005). State v. Boyd, No. A-5562-04 (App. Div. Oct. 10, 2006) (slip op. at 11). On remand, the same sentence was imposed. Defendant's petition for certification by the Supreme Court was denied. State v. Boyd, 189 N.J. 649 (2007).
Following exhaustion of his right of appeal, defendant filed a petition for post-conviction relief (PCR), which was heard by the court on November 5, 2009 and denied without an evidentiary hearing. This appeal followed.
On appeal, defendant raises the following issues for our consideration:
THIS MATTER MUST BE REMANDED FOR AN EVIDENTIARY HEARING BECAUSE DEFENDANT ESTABLISHED A PRIMA FACIE CASE OF TRIAL COUNSEL'S INEFFECTIVENESS.
A. Trial Counsel Failed To Obtain Photographs Which Would Have Exculpated Defendant Of Second-Degree Eluding.
B. Trial Counsel Failed To Prepare Defendant To Testify.
C. The Cumulative Errors Mandate That Defendant Be Afforded An Evidentiary Hearing.
THIS MATTER MUST BE REMANDED BECAUSE THE PCR COURT FAILED TO ADDRESS ONE OF DEFENDANT'S CLAIMS IN HIS MEMORANDUM OF LAW WHICH WAS INCORPORATED IN ...