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State of New Jersey v. Jason Baker

October 10, 2012

STATE OF NEW JERSEY, PLAINTIFF-RESPONDENT,
v.
JASON BAKER, DEFENDANT-APPELLANT.



On appeal from the Superior Court of New Jersey, Law Division, Cumberland County, Indictment No. 94-06-0667.

Per curiam.

NOT FOR PUBLICATION WITHOUT THE APPROVAL OF THE APPELLATE DIVISION

Submitted September 11, 2012

Before Judges Harris and Hoffman.

Defendant Jason Baker appeals from an order dated February 8, 2011, denying his second petition for post-conviction relief (PCR). We affirm.

At age seventeen, defendant committed two murders, consented to waiver of the charges from the incident to the Law Division, and entered into a negotiated plea with the State. As a result, he was sentenced to consecutive life terms with sixty years to be served without parole.

On defendant's direct appeal, we affirmed his convictions and sentence. State v. Baker, No. A-6326-94 (App. Div. October 27, 1997), certif. denied, 153 N.J. 48 (2008). Defendant thereafter sought PCR, which was denied by an order entered on July 28, 2000. We affirmed this order. State v. Baker, No. A-4406-00 (App. Div. October 23, 2002), certif. denied, 175 N.J. 433 (2003).

On July 1, 2010, defendant filed his second PCR petition, along with a motion to withdraw his guilty plea, and a motion for reconsideration of sentence. Finding no merit to defendant's claims, Judge Benjamin C. Telsey denied all applications following oral argument.

On appeal from the denial of his petition, defendant presents the following arguments:

POINT I

BECAUSE A JUVENILE DEFENDANT WAS MISLED INTO BELIEVING HE HAD PERSONALLY KILLED SOMEONE, AND BASED ON THE TOTALITY OF CIRCUMSTANCES, THE PLEA WAS UNKNOWING; OR THE AGREEMENT WAS AMBIGUOUS AND/OR BREACHED, OR, PURSUANT TO GRAHAM, THE SENTENCE IS UNCONSTITUTIONAL, OR THE OUTSET FINDINGS WERE INAPPROPRIATE. POINT II

THE LOWER COURT ERRED IN MYRIAD ASPECTS. POINT III

IN THE INTEREST OF JUSTICE, THIS COURT SHOULD EXERCISE ORIGINAL JURISDICTION TO RENDER A FINAL RULING AS TO THE APPLICABILITY OF GRAHAM V. FLORIDA TO A JUVENILE OFFENDER WHO DID NOT KILL OR INTEND TO KILL ANYONE, AND WHOSE LIFE-EXCEEDING SENTENCE WAS METED OUT PRIOR TO RECENT DEVELOPMENTS IN PSYCHOLOGY AND BRAIN SCIENCE PROVING FUNDAMENTAL DIFFERENCES EXIST BETWEEN JUVENILE AND ADULT MINDS, ...


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