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State v. Jackson

Superior Court of New Jersey, Appellate Division

July 2, 2013

STATE OF NEW JERSEY, Plaintiff-Respondent,
v.
KIERON JACKSON, Defendant-Appellant.

NOT FOR PUBLICATION WITHOUT THE APPROVAL OF THE APPELLATE DIVISION

Submitted March 5, 2013

On appeal from Superior Court of New Jersey, Law Division, Hudson County, Indictment No. 03-01-0079.

Joseph E. Krakora, Public Defender, attorney for appellant (Philip Lago, Designated Counsel, on the briefs).

Gaetano T. Gregory, Acting Hudson County Prosecutor, attorney for respondent (Vando Cardoso, Special Deputy Attorney General/Acting Assistant Prosecutor, on the brief).

Before Judges Fisher, Alvarez and St. John.

PER CURIAM

Defendant Kieron Jackson appeals from an order of the Law Division denying his petition for post-conviction relief (PCR). We affirm.

I.

We briefly summarize the relevant procedural history and the facts based on the record before us.

Indictment No. 0079-01-2003, charged defendant with eight counts of first-degree armed robbery, N.J.S.A. 2C:15-1, and other offenses, arising out of a spree of armed robberies at various Chinese restaurants in Jersey City and Bayonne between November 28, 2001 and December 28, 2001. Defendant was tried before Judge Callahan and a jury. One of the armed robbery counts was dismissed. Defendant was convicted of six of the seven armed robbery counts that were tried, one count of conspiracy to commit armed robbery, and one count of aggravated assault. The jury acquitted him of one count of armed robbery.

The judge imposed concurrent sentences on most counts, but sentenced one armed robbery count consecutive to another armed robbery count, each with a twenty-year term subject to an eighty-five percent parole disqualifier under the No Early Release Act, N.J.S.A. 2C:43-7.2. Therefore, defendant's aggregate sentence was forty years imprisonment, of which he must serve at least eighty-five percent, or thirty-four years, before being eligible for parole. Defendant appealed, and in an unreported decision we affirmed his conviction, but remanded for reconsideration of sentence in accordance with State v. Natale, 184 N.J. 458 (2005). State v. Jackson, No. A-4684-03T4 (App. Div. Nov. 10, 2005). On remand, the same sentence was imposed.

On February 1, 2006, defendant filed his first PCR petition alleging ineffective assistance of trial and appellate counsel. Defendant's petition was denied by Judge Venable on September 28, 2006. Defendant filed an appeal and we affirmed the order denying PCR. State v. Jackson, Docket No. A-1934-06 (App. Div. Jan. 8, 2009).

Defendant filed his second PCR petition on July 13, 2009. Judge Venable denied defendant's petition on the basis that it was procedurally barred because every claim advanced should have been raised on direct ...


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