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State of New Jersey v. Hakeem F. Toliver

August 7, 2012

STATE OF NEW JERSEY, PLAINTIFF-RESPONDENT,
v.
HAKEEM F. TOLIVER, DEFENDANT-APPELLANT.



On appeal from the Superior Court of New Jersey, Law Division, Middlesex County, Indictment No. 04-09-1279.

Per curiam.

NOT FOR PUBLICATION WITHOUT THE APPROVAL OF THE APPELLATE DIVISION

Submitted June 6, 2012 -

Before Judges Lihotz and Waugh.

Defendant Hakeem F. Toliver appeals from the denial of his post-conviction relief (PCR) petition. We affirm.

Following a jury trial, defendant was convicted of various drug offenses, stemming from his sale of controlled dangerous substances (cocaine and marijuana) to undercover police officers on two occasions. After merger, he was sentenced to an aggregate of fourteen years in prison. On appeal, defendant's conviction and sentence were affirmed. State v. Toliver, No. A-6018-04 (App. Div. May 16, 2007).

Defendant filed for PCR and counsel was appointed. The judge, who had presided over defendant's trial, denied defendant's petition without an evidentiary hearing.

On appeal, defendant argues:

POINT I

DEFENDANT WAS DENIED EFFECTIVE ASSISTANCE OF COUNSEL ENTITLING HIM TO POST CONVICTION RELIEF.

(a) Failure to communicate sufficiently with Defendant so he could assist in his own defense.

(b) Defendant was effectively deprived from testifying for his own defense at trial.

(c) Failure to file a motion to dismiss Count 2 of ...


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