NOT FOR PUBLICATION WITHOUT THE APPROVAL OF THE APPELLATE DIVISION
Submitted October 21, 2013
On appeal from the Superior Court of New Jersey, Law Division, Passaic County, Indictment No. 09-05-00574.
Joseph E. Krakora, Public Defender, attorney for appellant (Peter B. Meadow, Designated Counsel, on the brief).
Camelia M. Valdes, Passaic County Prosecutor, attorney for respondent (Marc A. Festa, Senior Assistant Prosecutor, of counsel and on the brief).
Before Judges Kennedy and Guadagno.
Defendant Shakira Reed appeals from the October 18, 2011 order of the Law Division denying her petition for post-conviction relief (PCR) without an evidentiary hearing. We affirm.
At the time of this incident, defendant and her boyfriend, Darryll Brown, lived together in a one-room apartment on Jefferson Street in Passaic. Just after midnight on December 31, 2008, Brown and defendant argued over where they were going to spend New Year's Eve. During the argument, defendant picked up a cooking knife from a table and stabbed Brown in his upper right thigh near his groin.
Someone in the building called 911, but hung up. When the police responded to the abandoned call, they questioned other residents in the building. One woman pointed to the room where defendant and Brown resided and told the police they were fighting in there. As the police approached the room, the door swung open and defendant came through, but stopped abruptly when she saw the police. Through the open door, the police could see Brown on his hands and knees in a large pool of blood.
Defendant retreated into the room and attempted to slam the door closed but the police forced their way in. Defendant was told by the police to leave the room but she refused and had to be physically removed and detained in the hallway. Defendant repeatedly told police Brown had stabbed himself.
The knife struck Brown's femoral artery and caused massive blood loss. Emergency services were called and, while they were treating Brown, he went into cardiac arrest. He was pronounced dead at the scene shortly thereafter.
Defendant was indicted and charged with first-degree murder, N.J.S.A. 2C:11-3(a)(1) and N.J.S.A. 2C:11-3(a)(2); third-degree possession of a weapon for an unlawful purpose, N.J.S.A. 2C:39-4(d); and fourth-degree unlawful possession of a weapon, N.J.S.A. 2C:39-5(d).
Pursuant to a plea agreement, defendant was permitted to plead guilty to an amended charge of aggravated manslaughter with a maximum sentence of twenty years. In accord with the agreement, defendant was sentenced to a term of imprisonment of ...