NOT FOR PUBLICATION WITHOUT THE APPROVAL OF THE APPELLATE DIVISION
Submitted September 24, 2013
On appeal from Superior Court of New Jersey, Law Division, Cape May County, Indictment No. 02-12-0808.
Joseph E. Krakora, Public Defender, attorney for appellant (Ernest Anemone, Designated Counsel, on the brief).
Robert L. Taylor, Cape May County Prosecutor, attorney for respondent (J. Vincent Molitor, Assistant Prosecutor, on the brief).
Before Judges Ostrer and Carroll.
Defendant Devoe McBride appeals from the December 12, 2011 Law Division order denying his petition for post-conviction relief (PCR). We affirm.
Tried to a jury, defendant was convicted of second-degree eluding, N.J.S.A. 2C:29-2(b). The trial court sentenced defendant to a ten-year term of imprisonment with a five-year period of parole ineligibility on September 12, 2005. On direct appeal we affirmed defendant's conviction but remanded the matter for resentencing. State v. McBride, No. A-3855-05 (App. Div. September 27, 2007). On May 22, 2008, the trial court reviewed the matter and again imposed the same sentence.
In our prior unpublished opinion, we summarized the facts of the case as follows:
On June 11, 2002, at about 9:15 p.m., Lieutenant Chad Callahan of the Ocean County Police Department saw defendant driving an Acura automobile. Although it was night, the area was well-lit by streetlights and light coming from stores. Callahan testified that he recognized defendant because he had been in contact with him hundreds of times. Because Callahan knew that defendant's driver's license was suspended, he followed him, noting that he failed to stop at a stop sign and was driving fifty miles per hour in a twenty-miles per hour zone. Callahan activated his police lights and siren, and defendant pulled to a stop. Callahan saw no one else in the car. Callahan walked up to the driver's side of defendant's automobile, and defendant said, "What's up Chad?" Callahan replied, "Mr. McBride, Devoe, turn your 'f'king' car off." Instead of doing as he was told, defendant drove away at a high rate of speed.
During the chase, defendant almost hit another motor vehicle, then turned into a narrow alleyway, turned off the automobile's lights, made a turn back on the street, and drove through several stop signs. Callahan stopped his pursuit because of safety concerns. Another officer, Michael Gray, who had joined the effort to arrest defendant, saw defendant standing next to his automobile and watched as he ran into his home on West Avenue.
A third officer, David Hall, who also had "numerous contacts" with defendant, and identified him in court, testified that he saw defendant look out of the window on the second floor of the West Avenue house. Callahan and Gray went upstairs and placed defendant under arrest.
Defendant's uncle, Julius Adams, testified for the defendant, indicating that he was the driver of the Acura on the night in question, and that defendant was in a passenger seat. Adams's testimony contained many inconsistencies, but there is no need to detail them here. Nor, since defendant does not contend the verdict was against the weight of the evidence, need we describe the testimony of other defense witnesses who attempted to corroborate Adams's story.
State v. McBride,
In July 2008 defendant filed a PCR petition, and counsel was thereafter assigned. Judge Raymond A. Batten heard oral argument on defendant's PCR petition on November 15, 2011, and ...