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State v. Rodriguez

Superior Court of New Jersey, Appellate Division

July 23, 2013

STATE OF NEW JERSEY, Plaintiff-Respondent,
v.
IVAN RODRIGUEZ, Defendant-Appellant.

NOT FOR PUBLICATION WITHOUT THE APPROVAL OF THE APPELLATE DIVISION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, Essex County, Indictment No. 03-12-3772.

Joseph E. Krakora, Public Defender, attorney for appellant (Joseph Anthony Manzo, Designated Counsel, on the brief).

Carolyn A. Murray, Acting Essex County Prosecutor, attorney for respondent (Sara A. Friedman, Special Deputy Attorney General/ Acting Assistant Prosecutor, of counsel and on the brief).

Before Judges Fisher and Alvarez.

PER CURIAM

Defendant Ivan Rodriguez appeals from the April 26, 2011 Law Division order denying his petition for post-conviction relief (PCR). We affirm.

Defendant entered guilty pleas to specified counts on five separate indictments. He was sentenced on November 5, 2004, in accordance with the plea agreement as follows:

(1) On Indictment No. 04-03-1011, first-degree robbery, N.J.S.A. 2C:15-1 (count two) (count one, second-degree conspiracy to commit robbery, N.J.S.A. 2C:5-2 and 2C:15-1, merged into count two); and third-degree unlawful possession of a weapon, N.J.S.A. 2C:39-5(b) (count three), to an aggregate of twenty years subject to eighty-five percent parole ineligibility pursuant to the No Early Release Act (NERA), N.J.S.A. 2C:43-7.2(a).
(2) On Indictment No. 04-03-1012, two counts of first-degree robbery (counts two and five) (count one, conspiracy to commit robbery merged with count two); unlawful possession of a weapon (count three); and third-degree receiving stolen property, N.J.S.A. 2C:20-7 (count six), to an aggregate of twenty years subject to NERA.
(3) On Indictment No. 04-03-1013, first-degree robbery (count two) (count one, conspiracy to commit robbery merged with count two); and fourth-degree resisting arrest, N.J.S.A. 2C:29-2(a) (count five), to an aggregate term of twenty years subject to NERA.
(4) On Indictment No. 04-03-1023, two counts of first-degree robbery (counts two and three) (count one, conspiracy to commit robbery, merged with counts two and three) to an ...

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