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State v. Berger

Superior Court of New Jersey, Appellate Division

August 15, 2013

STATE OF NEW JERSEY, Plaintiff-Respondent,
v.
WILLIAM C. BERGER, a/k/a CRAIG BERGER, Defendant-Appellant.

NOT FOR PUBLICATION WITHOUT THE APPROVAL OF THE APPELLATE DIVISION

Submitted April 24, 2013

On appeal from the Superior Court of New Jersey, Law Division, Essex County, Indictment No. 09-04-01169.

William C. Berger, appellant pro se.

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

Before Judges Axelrad and Sapp-Peterson.

PER CURIAM.

In this pro se appeal, defendant, William C. Berger, appeals from two orders entered by the trial court, a September 20, 2011 order denying his motion for reduction of the ten-year aggregate custodial sentence imposed upon him for first-degree robbery, N.J.S.A. 2C:15-1, second-degree possession of a weapon for an unlawful purpose, N.J.S.A. 2C:39-4a, and, inconnection with a separate indictment, third-degree possession of cocaine with intent to distribute, N.J.S.A. 2C:35-5a, as well as a disorderly persons conviction contained in an accusation. In exchange, the State agreed to dismiss all remaining charges contained in the two indictments and not to seek an extended term, for which defendant was eligible. On appeal, defendant raises the following point for our consideration:

POINT I
THE PETITIONER[']S SENTENCE IS UNCONSTITUTIONAL AND VIOLATES THE 14TH AMEND U.S. CONSTITUTION OF DUE PROCESS BY DOUBLE COUNTING FACTORS.
POINT II
THE PETITIONER[']S SENTENCE IS UNCONSTITUTIONAL AND VIOLATES THE PRESUMPTIVE GUIDELINES AS PROVIDED IN BLAKELY V. WASHINGTON AND IN STATE V. NATALE.
POINT III
THE TRIAL COURT ABUSED ITS DISCRETION BY NOT STATING THE REASONS FOR GOING OVER THE PRESUMPTIVE ON ...

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