NOT FOR PUBLICATION WITHOUT THE APPROVAL OF THE APPELLATE DIVISION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, Bergen County, Indictment Nos. 06-02-882, 06-04-640.
Joseph E. Krakora, Public Defender, attorney for appellant (Alyssa Aiello, Assistant Deputy Public Defender, of counsel and on the brief).
John L. Molinelli, Bergen County Prosecutor, attorney for respondent (Catherine A. Foddai, Senior Assistant Prosecutor, of counsel and on the brief).
Before Judges Messano and Hayden.
Defendant Taquan Jackson appeals from the April 26, 2012 Law Division order denying his petition for post-conviction relief (PCR) without an evidentiary hearing. After reviewing defendant's arguments in light of the record and applicable law, we affirm.
We discern the following facts from the record. On four separate occasions in May and June 2005, defendant and two associates, Indrit Shehi and Jeremy Simpson, lured cab drivers to dark locations in Bergen County, robbed them, and punctured their tires. Defendant was armed with an imitation gun that appeared to be a real firearm, Simpson was armed with a knife, and Shehi was armed with a BB gun. They all concealed their faces to avoid identification and shared the stolen money after each robbery.
On July 8, 2005, Shehi and defendant agreed that defendant would steal a car in Passaic County to sell to a "chop shop." Shehi then called a Chinese restaurant to order food for delivery. When the delivery driver arrived, defendant brandished an imitation firearm, threatened the driver, and stole his car.
On April 6, 2006, a Bergen County grand jury indicted defendant on a total of twenty counts, including four counts of first-degree robbery, N.J.S.A. 2C:15-1; three counts of second-degree possession of a firearm for an unlawful purpose, N.J.S.A. 2C:39-4(a); three counts of third-degree possession of a handgun without a permit, N.J.S.A. 2C:39-5(b); three counts of third- degree possession of a weapon for an unlawful purpose, N.J.S.A. 2C:39-4(d); three counts of fourth-degree possession of a weapon under circumstances not manifestly appropriate for lawful uses, N.J.S.A. 2C:39-5(d); and three counts of fourth-degree unlawful possession of an imitation firearm, N.J.S.A. 2C:39-4(e).
On November 8, 2005, a Passaic County grand jury indicted defendant for first-degree robbery, N.J.S.A. 2C:15-1; first-degree carjacking, N.J.S.A. 2C:15-2(a)(2); second-degree possession of a firearm for an unlawful purpose, N.J.S.A. 2C:39-4(a); third-degree possession of a handgun without a permit, N.J.S.A. 2C:39-5(b); and third-degree theft, N.J.S.A. 2C:20-3 and N.J.S.A. 2C:20-2(b)(2)(b).
On April 26, 2007, defendant entered guilty pleas to four counts of first-degree robbery in Bergen County and first-degree carjacking in Passaic County. As part of the plea agreement, the State agreed to dismiss all other charges and recommend a maximum of twenty years with an 85% parole bar pursuant to the No Early Release Act (NERA), N.J.S.A. 2C:43-7.2. Defendant's plea colloquy established the basis for the crimes to which he pled guilty.
On July 20, 2007, defendant was sentenced to nineteen years imprisonment with an 85% parole bar on each of the five counts to which defendant pled guilty. All sentences were to run concurrently. The sentencing judge ...