NOT FOR PUBLICATION WITHOUT THE APPROVAL OF THE APPELLATE DIVISION
Submitted May 7, 2013
On appeal from the Superior Court of New Jersey, Law Division, Hudson County, Indictment No. 06-08-1427.
Joseph E. Krakora, Public Defender, attorney for appellant (Janet A. Allegro, Designated Counsel, on the brief).
Gaetano T. Gregory, Acting Hudson County Prosecutor, attorney for respondent (Megan B. Kilzy, Special Deputy Attorney General/ Acting Assistant Prosecutor, on the brief).
Before Judges Reisner and Harris.
Defendant Angel Luis Robles appeals from an August 19, 2010 order denying his petition for post-conviction relief (PCR). We affirm.
Defendant was arrested after three girls told the police that he exposed himself and masturbated in front of them, while he was standing in the window of a nearby building. The girls identified defendant shortly after he was arrested. He confessed to the police that he exposed himself, but claimed he only intended to "flash" buses as they passed by, as a prank. A jury convicted defendant of second-degree sexual assault, N.J.S.A. 2C:14-2b, and several related offenses. After merger, he was sentenced to seven years in prison subject to the No Early Release Act, N.J.S.A. 2C:43-7.2, to be served in the Adult Diagnostic and Treatment Center (ADTC) located in Avenel, New Jersey.
On his direct appeal, defendant raised the following issues:
POINT I: THE TRIAL COURT COMMITTED REVERSIBLE ERROR BY ALLOWING THE STATE TO CROSS-EXAMINE THE DEFENDANT-APPELLANT ON HIS PRIOR CONVICTIONS AND WITHOUT FIRST HOLDING A HEARING PURSUANT TO N.J.R.E. 104(B).
POINT II: THE COURT ERRED IN GIVING THE JURY AN INSTRUCTION RELATING TO [N.J.R.E.] 404(B) EVIDENCE SINCE THE PRIOR CONVICTION WAS OFFERED AS IMPEACHMENT EVIDENCE AND NO PRIOR HEARING WAS HELD AS TO THE ADMISSIBILITY OF THE EVIDENCE FOR PURPOSES OF NEGATING ANY ALLEGED MISTAKE ON THE DEFENDANT'S PART.
POINT III: THE JUDGE ERRED BY DENYING THE DEFENDANT'S MOTION FOR A NEW TRIAL BASED ON HIS INCOMPETENCE TO STAND TRIAL WITHOUT FIRST CONDUCTING AN INQUIRY INTO THE ...