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State v. B.S.

Superior Court of New Jersey, Appellate Division

December 13, 2013

STATE OF NEW JERSEY, Plaintiff-Respondent,
v.
B.S., Defendant-Appellant

NOT FOR PUBLICATION WITHOUT THE APPROVAL OF THE APPELLATE DIVISION

Submitted November 12, 2013

On appeal from the Superior Court of New Jersey, Law Division, Burlington County, Indictment No. 07-11-1539.

Joseph E. Krakora, Public Defender, attorney for appellant (Virginia Drick Messing, Designated Counsel, on the brief).

Robert D. Bernardi, Burlington County Prosecutor, attorney for respondent (Jennifer B. Paszkiewicz, Assistant Prosecutor, of counsel and on the brief).

Before Judges Harris and Guadagno.

PER CURIAM

Defendant appeals from the October 15, 2010 order of the Law Division denying his petition for post-conviction relief (PCR). We affirm.

I.

On Sunday April 16, 2006, L.C. (Linda), [1] who was eleven at the time, went to Easter services with her mother and her cousin, P.S. (Paula). Linda's aunt was preaching that day and after listening to her aunt's sermon about discipline and respect, Linda decided to tell her mother that defendant, known to her as her Uncle B., had been sexually abusing her. While they were still in church, Linda explained that Uncle B. would touch her in her private area while she was sleeping. Later that day, Paula, who was thirteen, also claimed that defendant sexually abused her.

The police were notified and both girls were interviewed. Further investigation revealed that a third victim, L.S. (Lauren), had also been sexually abused.

The police then interviewed defendant, and after waiving his Miranda[2] rights, he admitted abusing all three girls and one other, U.R. (Ursula). Defendant, who was twenty, abused Linda and Ursula on various dates in 2005 and 2006, while he abused Paula and Lauren when he was a minor.

Defendant was arrested and charged with the sexual abuse of all four girls. Two of the sexual assault charges (Paula and Lauren) occurred when defendant was a juvenile. On November 5, 2007, defendant agreed to waive those charges to the Law Division. He then pled guilty, pursuant to a plea agreement, to a four-count accusation, with each count corresponding to one of the four victims. Count one charged first-degree aggravated sexual assault of Linda, N.J.S.A. 2C:14-2(a)(1). Counts two through four charged second-degree sexual assault, N.J.S.A. 2C:14-2(b).

On May 2, 2008, defendant was sentenced on count one to a twelve-year term subject to the No Early Release Act, N.J.S.A. 2C:43-7.2. On the sexual assault charge relating to Ursula (count two), defendant was sentenced to a six-year term to run consecutively to count one. On count three, the sexual assault relating to Lauren, defendant was sentenced to six years, concurrent to the sentence on count two. On count four, the sexual assault relating to ...


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