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State v. Allen

Superior Court of New Jersey, Appellate Division

July 2, 2013

STATE OF NEW JERSEY, Plaintiff-Respondent,
v.
TERRY ALLEN, Defendant-Appellant.

NOT FOR PUBLICATION WITHOUT THE APPROVAL OF THE APPELLATE DIVISION

Submitted March 19, 2013

On appeal from Superior Court of New Jersey, Law Division, Hudson County, Indictment No. 08-12-2165.

Joseph E. Krakora, Public Defender, attorney for appellant (Frederick P. Sisto, Designated Counsel, on the brief).

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

Before Judges Waugh and St. John.

PER CURIAM

Defendant Terry Allen appeals from an order of the Law Division denying his petition for post-conviction relief (PCR). Following our review of the arguments advanced on appeal, in light of the record and applicable law, we affirm.

I.

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

On December 4, 2008, a Hudson County Grand Jury returned Indictment No. 08-12-2165 charging defendant with first-degree armed robbery, N.J.S.A. 2C:15-1; fourth-degree unlawful possession of a weapon, N.J.S.A. 2C:39-5(d); third-degree possession of a weapon for unlawful purpose, N.J.S.A. 2C:39-4(d); and fourth-degree aggravated assault, N.J.S.A. 2C:12-1(b)(3).

The indictment arose out of an incident which occurred on July 30, 2008, when defendant assaulted and robbed a victim at knife point in Union City. During the course of the robbery, the victim's daughter observed defendant assaulting her father. Defendant fled the scene and police officers located defendant hiding on a fire escape on the third floor of the building where they were directed by the witness. Defendant was arrested and positively identified by the victim's daughter. Defendant's robbery was also captured by a video security system in the victim's home. At the time of the incident, defendant was on probation from an earlier conviction.

Pursuant to a negotiated plea agreement, defendant pled guilty to first-degree armed robbery. In exchange, the State agreed to recommend defendant be sentenced within the second-degree range and further agreed to limit its requested sentence to a seven-year term of imprisonment, subject to the No Early Release Act (NERA), N.J.S.A. 2C:43-7.2. The State also agreed to recommend that any sentence imposed on the anticipated violation of probation run concurrently with the sentence imposed on the robbery. On the sentence date, defendant failed to appear and a warrant was issued for his arrest. After remaining a fugitive for a year, on July 30, 2010, defendant was sentenced to a seven-year term of imprisonment, subject to NERA. The court also terminated defendant's probation on the earlier conviction, without improvement.

On October 14, 2010, defendant filed a PCR petition. In a June 2, 2011 written opinion, the PCR judge denied defendant's petition. It is ...


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