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State of New Jersey v. Victor Veston

August 29, 2012

STATE OF NEW JERSEY, PLAINTIFF-RESPONDENT,
v.
VICTOR VESTON, DEFENDANT-APPELLANT.



On appeal from the Superior Court of New Jersey, Law Division, Camden County, Indictment Nos. 03-02-0467 and 04-11-4396.

Per curiam.

NOT FOR PUBLICATION WITHOUT THE APPROVAL OF THE APPELLATE DIVISION

Submitted April 25, 2012 -

Before Judges Sapp-Peterson and Ostrer.

Defendant, Victor Veston, who is no longer incarcerated, appeals from the May 14, 2010 order denying his petition for post-conviction relief (PCR). We remand for a correction of the Judgment of Conviction (JOC), but otherwise affirm.

On April 14, 2003, defendant appeared before the trial court and, pursuant to a negotiated plea agreement in connection with a nine-count indictment, pled guilty to second-degree eluding, N.J.S.A. 2C:29-2b (Count One); third-degree aggravated assault, N.J.S.A. 2C:12-1b(2) (Count Three); and third-degree simple assault upon a police officer, N.J.S.A. 2C:12-1a and - 1b(5) (Count Five). The indictment arose out of an August 21, 2002 incident during which defendant, while operating a motor vehicle under the influence of alcohol, led police on a vehicle chase through Cherry Hill and Moorestown. In exchange for the guilty pleas, the State agreed to dismiss the remaining siX counts of the indictment returned against defendant and to recommend an aggregate six-year custodial term, along with fines, penalties, and forfeiture of a weapon and ammunition. Sentencing was scheduled for May 30, but defendant failed to appear on that date. His bail status was revoked and a bench warrant issued for his arrest.

Defendant was subsequently indicted for bail jumping, N.J.S.A. 2C:29-7. He was eventually apprehended and brought before the court on January 31, 2005, where he pled guilty to the bail jumping charge. The State agreed to recommend a one- year custodial sentence to be served consecutive to the sentence imposed in connection with the earlier charges to which he pled guilty and then failed to appear for sentencing. The court sentenced defendant to an aggregate seven-year prison term on both indictments, in accordance with the plea agreements. Defendant filed no direct appeal of the convictions or the sentences imposed.

On July 16, 2008, defendant filed a pro se PCR petition. Once PCR counsel was assigned, counsel filed a supplemental brief on behalf of defendant, along with his certification claiming ineffective assistance of counsel. The PCR judge denied the petition without conducting an evidentiary hearing.

The present appeal followed.

On appeal, defendant raises the following points for our

consideration:

POINT ONE

THE COURT COMMITTED ERROR BY DENYING THE APPELLANT'S MOTION WITHOUT GRANTING ...


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