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State v. Cobb

Superior Court of New Jersey, Appellate Division

October 15, 2013

STATE OF NEW JERSEY, Plaintiff-Respondent,
v.
SEAN COBB, Defendant-Appellant.

NOT FOR PUBLICATION WITHOUT THE APPROVAL OF THE APPELLATE DIVISION

Submitted October 1, 2013.

On appeal from the Superior Court of New Jersey, Law Division, Ocean County, Indictment Nos. 07-01-0182, 07-01-0183, 07-01-0203, 07-10-1721, 07-11-1807, 07-12-1991; 08-04-0580, 08-05-0660.

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

Joseph D. Coronato, Ocean County Prosecutor, attorney for respondent (Nicholas D. Norcia, Assistant Prosecutor, on the brief).

Before Judges Hayden and Rothstadt.

PER CURIAM.

Defendant, Sean Cobb, appeals from the Law Division's February 10, 2011 order denying his petition for post-conviction relief (PCR) without an evidentiary hearing. He presents the following points for our review:

POINT I
THE PCR COURT ERRED IN RULING THAT MR. COBB'S CLAIM OF INEFFECTIVE ASSISTANCE OF COUNSEL AT SENTENCING WAS PROCEDURALLY BARRED.
POINT II
THE PCR COURT ERRED IN DENYING MR. COBB AN EVIDENTIARY HEARING TO DETERMINE THE MERITS OF HIS CLAIM OF INEFFECTIVE ASSISTANCE OF COUNSEL AT SENTENCING.

After considering the defendant's arguments, we now affirm.

Five separate indictments originally charged defendant with approximately thirty counts of manufacturing, possession, and possession with intent to distribute controlled dangerous substances ("CDS"). On June 9, 2008, defendant pled guilty to five counts of violating N.J.S.A. 2C:35-5a(1), possession of CDS with intent to distribute, in exchange for the prosecutor's agreement that the rest of the charges be dismissed, and that the prosecutor would not argue for a term of imprisonment in excess of fourteen years, including a limited parole ineligibility period of four and one half ...


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