NOT FOR PUBLICATION WITHOUT THE APPROVAL OF THE APPELLATE DIVISION
Submitted November 26, 2012
On appeal from Superior Court of New Jersey, Law Division, Atlantic County, Indictment No. 03-03-0537.
Joseph E. Krakora, Public Defender, attorney For appellant (Michele Adubato, Designated Counsel, on the brief).
Theodore F. L. Housel, Acting Atlantic County Prosecutor, attorney for respondent (James F. Smith, Special Deputy Attorney General/Acting Assistant County Prosecutor, of Counsel and on the brief).
Before Judges Graves and Espinosa.
Defendant Gordon Johnson appeals from a June 9, 2011 order denying his petition for post-conviction relief (PCR) without an evidentiary hearing. We affirm.
Following a jury trial, defendant was convicted of first-degree attempted murder, N.J.S.A. 2C:5-1 and 2C:11-3(a)(1)(2) (count eight); second-degree aggravated assault, N.J.S.A. 2C:12-1(b)(2) (count nine); third-degree aggravated assault, N.J.S.A. 2C:12-1(b)(2) (count ten); fourth-degree aggravated assault, N.J.S.A. 2C:12-1(b)(4) (count eleven); third-degree unlawful possession of a handgun, N.J.S.A. 2C:39-5(b) (count twelve); and second-degree possession of a weapon for an unlawful purpose, N.J.S.A. 2C:39-4(a) (count thirteen). After merging counts nine, ten, eleven, and thirteen into count eight, the court sentenced defendant for attempted murder to a fifteen-year term of imprisonment with an eighty-five percent period of parole ineligibility pursuant to the No Early Release Act, N.J.S.A. 2C:43-7.2. The court imposed a consecutive four-year prison term for possession of a handgun without a permit (count twelve).
On direct appeal, defendant raised five points:
THE TRIAL COURT SHOULD HAVE GRANTED A JUDGMENT OF ACQUITTAL BECAUSE THE STATE FAILED TO PROVE IDENTITY BEYOND A REASONABLE DOUBT.
DEFENDANT WAS DEPRIVED OF HIS RIGHT TO A FAIR TRIAL BECAUSE THE STATE INTRODUCED PRIOR INCONSISTENT STATEMENTS OF ITS OWN WITNESS WITHOUT SATISFYING ...