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State of New Jersey v. Esad Kolenovic

December 12, 2012

STATE OF NEW JERSEY, PLAINTIFF-RESPONDENT,
v.
ESAD KOLENOVIC, DEFENDANT-APPELLANT.



On appeal from Superior Court of New Jersey, Law Division, Somerset County, Indictment No. 04-08-0605.

Per curiam.

NOT FOR PUBLICATION WITHOUT THE APPROVAL OF THE APPELLATE DIVISION

Submitted August 13, 2012

Before Judges Sapp-Peterson and St. John.

Defendant Esad Kolenovic appeals from the order denying his petition for post-conviction relief (PCR) without an evidentiary hearing. Following our review of the arguments advanced on appeal, in light of the record and applicable law, we affirm the denial of his petition.

I.

Following a guilty plea to four counts of third-degree burglary, N.J.S.A. 2C:18-2; four counts of fourth-degree theft of credit cards, N.J.S.A. 2C:21-6(c)(1); fourth-degree aggravated assault, N.J.S.A. 2C:12-1(b)(5)(a); fourth-degree hindering his own prosecution by giving false information, N.J.S.A. 2C:29-3(b)(4); third-degree theft by unlawful taking, N.J.S.A. 2C:20-3; fifteen counts of third-degree fraudulent use of a credit card, N.J.S.A. 2C:21-6(h); third-degree theft by deception, N.J.S.A. 2C:20-4; third-degree theft of identity, N.J.S.A. 2C:21-17(a); second-degree obstruction of law, N.J.S.A. 2C:29-1; two counts of fourth-degree possession/sale of a simulated government document, N.J.S.A. 2C:21-2.1(d); fourth-degree receipt of stolen property, N.J.S.A. 2C:20-7; second-degree making of a simulated government document, N.J.S.A. 2C:21-2.1(b); and a disorderly persons offense of receipt of stolen property, N.J.S.A. 2C:20-7(a), defendant was sentenced, pursuant to a plea agreement, to an aggregate term of ten years subject to three years parole ineligibility.

Prior to his plea of guilty, defendant moved to dismiss the indictment on the ground that the State failed to comply with the Interstate Agreement on Detainers (IAD), N.J.S.A. 2A:159A-1 to -15. Defendant was indicted in August 2004. Defendant posted bail in early September and two weeks later was detained in Florida on other charges. He was transferred back to New Jersey at the end of November 2005. A February 14, 2006 trial date was set in accordance with the IAD. He maintained that Florida officials delayed forwarding his request for disposition and that, pursuant to State v. Wells, 186 N.J. Super. 497, 502 (App. Div. 1982), Florida's non-compliance with the IAD required dismissal of the indictment. The trial judge denied his request.

Following the imposition of his sentence, defendant appealed, we affirmed his convictions but remanded to the trial court for resentencing on one count of the indictment. State v. Kolenovic, No. A-2183-07 (App. Div. Aug. 14, 2009), certif. denied, 200 N.J. 549 (2009).

In our opinion we stated:

Moreover, defendant here did not produce any documentary evidence to support his claim that the IAD request was initiated in March and forwarded in June. Indeed, the documents purporting to be defendant's request under the IAD are undated. The envelope in which defendant mailed the documents to his attorney were post-marked in Miami on July 21, 2005. In short, defendant produced no documentary evidence to support his claim that the IAD request was initiated in March and mishandled by Florida authorities. Accordingly, the trial court's denial of defendant's motion to dismiss the indictment is affirmed.

II.

These charges arose out of a series of burglaries and thefts from the men's locker room of the Warren Health & Racquet Club in Somerset County. Club members discovered their credit cards missing from their lockers after returning from a workout. Club management contacted the police and approved the installation of surveillance cameras in an area outside the men's locker room. Defendant was photographed entering and leaving the men's locker room on several occasions. He was not a member of the club and did not have permission to be on the premises. A police investigation disclosed that defendant made numerous fraudulent purchases with club members' stolen credit cards, purchasing a variety of items, including jewelry, computers, televisions, mattresses and home goods. Defendant was identified on store video cameras and by store employees, using the stolen credit cards in a variety of stores.

Defendant was arrested at the club on June 10, 2004, after managers, who were familiar with his surveillance photos, notified police that he was on the premises. The police searched a 1988 Chevy Suburban in the club parking lot that matched the description of defendant's car given by the employee of a mattress store where defendant had made a fraudulent credit card purchase. The police ...


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