NOT FOR PUBLICATION WITHOUT THE APPROVAL OF THE APPELLATE DIVISION
Submitted November 4, 2013
On appeal from the Superior Court of New Jersey, Law Division, Essex County, Indictment Nos. 00-12-3238, 01-01-0433, 01-02-0574, 01-03-0994, 01-03-1452, and 01-11-4452.
Joseph E. Krakora, Public Defender, attorney for appellant (Alan I. Smith, Designated Counsel, on the brief).
Carolyn A. Murray, Acting Essex County Prosecutor, attorney for respondent (Maria I. Guerrero, Special Deputy Attorney General/Acting Assistant Prosecutor, of counsel and on the brief).
Before Judges Parrillo and Guadagno.
Defendant Jermal Palmer appeals from the April 5, 2011 order denying his motion for post-conviction relief (PCR) and his alternative motion to withdraw his plea. On appeal, defendant argues:
THE ORDER DENYING POST-CONVICTION RELIEF SHOULD BE REVERSED AND DEFENDANT'S CONVICTIONS AND SENTENCES VACATED BECAUSE DEFENDANT'S FOURTEENTH AMENDMENT DUE PROCESS RIGHT TO A SENTENCE THAT IS CONSISTENT WITH THE NEGOTIATED PLEA AGREEMENT WAS VIOLATED.
SINCE THE DEFENDANT MADE A PRIMA FACIE SHOWING OF INEFFECTIVE ASSISTANCE OF TRIAL COUNSEL, THE PCR COURT MISAPPLIED ITS DISCRETION IN DENYING POST-CONVICTION RELIEF WITHOUT CONDUCTING A FULL EVIDENTIARY HEARING.
THE COURT'S RULING DENYING POST-CONVICTION RELIEF VIOLATED THE DEFENDANT'S RIGHT TO EFFECTIVE ASSISTANCE OF COUNSEL AS GUARANTEED BY THE SIXTH ...