State v. Flores

550 A.2d 752, 228 N.J. Super. 586
CourtNew Jersey Superior Court Appellate Division
DecidedOctober 24, 1988
StatusPublished
Cited by67 cases

This text of 550 A.2d 752 (State v. Flores) is published on Counsel Stack Legal Research, covering New Jersey Superior Court Appellate Division primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
State v. Flores, 550 A.2d 752, 228 N.J. Super. 586 (N.J. Ct. App. 1988).

Opinion

228 N.J. Super. 586 (1988)
550 A.2d 752

STATE OF NEW JERSEY, PLAINTIFF-RESPONDENT,
v.
JOSE FLORES, DEFENDANT-APPELLANT.

Superior Court of New Jersey, Appellate Division.

Submitted September 26, 1988.
Decided October 24, 1988.

*588 Before Judges BAIME and D'ANNUNZIO.

Alfred A. Slocum, Public Defender, attorney for appellant (Cheryl L. Baratta, designated counsel, of counsel and on the brief).

W. Cary Edwards, Attorney General, attorney for respondent (Julie Davidson, Deputy Attorney General, of counsel and on the letter-brief).

The opinion of the court was delivered by BAIME, J.A.D.

Defendant appeals from an order of the Superior Court, Law Division, denying his petition for post-conviction relief. He asserts that (1) the trial court's summary dismissal of his petition without a hearing and without findings of fact and legal conclusions violated applicable court rules, and (2) the trial court erred in its conclusion that his arguments relating to errors in the imposition of sentence are not cognizable in post-conviction relief proceedings.

The essential facts are not in dispute. Following a lengthy jury trial, defendant was found guilty of aggravated manslaughter (N.J.S.A. 2C:11-4 a) and possession of a sawed-off shotgun (N.J.S.A. 2C:39-3 b). On the homicide conviction, the trial court imposed a sentence of 15 years. Pursuant to N.J.S.A. 2C:43-6 c, the court ordered that defendant serve five years without parole eligibility. Defendant received a consecutive four-year sentence on the weapons offense. Under the provisions of N.J.S.A. 2C:43-6 b, the court directed that defendant serve one-half of the sentence before being eligible for parole. *589 Defendant filed a timely appeal from his conviction, arguing only that the trial court erred in its evidentiary decisions. We affirmed in an unreported opinion and the Supreme Court subsequently denied certification. 105 N.J. 503 (1986).

On April 6, 1987, defendant filed a petition for post-conviction relief. Although he had been represented by attorneys assigned by the Public Defender in all prior proceedings, defendant expressed his desire not to be represented by a lawyer. Noting his dissatisfaction with his former attorneys, defendant stated that he wished to represent himself.

We have carefully reviewed the petition. Although it was inartfully drafted and ambiguously phrased, the principal thrust of the arguments advanced was that the trial court erroneously imposed a parole ineligibility term without weighing the appropriate aggravating and mitigating factors. In addition, defendant contended that the court failed to consider applicable guidelines in directing that the sentences be served consecutively. In a brief letter-opinion, the trial court denied defendant's petition on the ground that a claim of excessive sentence was not cognizable in post-conviction relief proceedings.

I.

We first address defendant's contention that the trial court erred by summarily denying his petition without a hearing and without making the requisite findings of fact and legal conclusions. Initially, we find nothing in R. 3:22-1 et seq. requiring that a hearing be conducted on a post-conviction relief petition. Specifically, our court rules are barren of any provision mandating that oral argument be heard whenever a petition is filed. Instead, R. 3:22-10 states that "[a] defendant in custody may be present in court" in the exercise of the judge's discretion, and is "entitled to be present when oral testimony is adduced on a material issue of fact within his personal knowledge." In the context of the facts present here, we perceive no *590 abuse of the trial court's discretion in disposing of defendant's petition on the papers submitted. We emphasize that resolution of the issues raised by defendant did not require the taking of oral testimony. While we do not doubt that it was within the power of the court to require oral argument, we discern no statutory or procedural provision compelling it to adopt this course. See R. 3:22-11.

Nor do we find merit in defendant's argument that a reversal is mandated because the court failed to make specific findings of fact. Although, R. 3:22-11 provides that "[i]n making final determination upon a petition, ... the court shall state separately its findings of fact and conclusions of law," the trial court's failure to comply with the rule was harmless since the issues raised by defendant were purely legal. Disposition of defendant's petition thus did not require articulation of specific findings of fact.

Having said this, we nevertheless note our displeasure with the trial court's summary treatment of the questions raised by defendant in his petition. While we agree with the ultimate conclusion reached by the court, we would have preferred a more detailed statement of reasons supporting its determination that the arguments advanced are not reviewable on a petition for post-conviction relief. The letter-opinion issued by the court contained nothing but naked conclusions. Although we are not insensitive to the pressures placed upon trial judges to dispose of criminal cases in an expeditious manner, fairness to the parties and effective appellate review required greater elucidation by the court of its reasons for denying the petition. However, we find no basis requiring us to reverse on the procedural arguments advanced by defendant here.

II.

We next turn to defendant's argument that the errors and deficiencies alleged with reference to the sentences imposed are correctable in post-conviction relief proceedings. As *591 we have noted, defendant contends that the sentencing judge erred by imposing a parole ineligibility term and by ordering that the sentences be served consecutively. More specifically, he asserts that the sentencing court made no specific finding that it was "clearly convinced that the aggravating factors substantially outweigh[ed] the mitigating factors," N.J.S.A. 2C:43-6 b, and, therefore, there was no statutory basis for imposition of a parole ineligibility term.[1] He also claims that the sentencing court failed to consider the guidelines adopted by our Supreme Court in State v. Yarbough, 100 N.J. 627 (1985), cert. den., 475 U.S. 1014, 106 S.Ct. 1193, 89 L.Ed.2d 308 (1986) and, thus, incorrectly imposed consecutive rather than concurrent custodial terms.

The threshold question is whether these arguments are cognizable on a petition for post-conviction relief. R. 3:22-2(c) provides that post-conviction relief may be granted where the sentence imposed is "in excess of or otherwise not in accordance with the sentence authorized by law." It is well-established that "sentences claimed to be excessive are only reviewable on direct appeal and not by post-conviction application." *592 State v. Vance, 112 N.J. Super. 479, 481 (App.Div. 1970), certif. den. 58 N.J. 97 (1971). Stated somewhat differently, "mere excessiveness of sentence otherwise within authorized limits, as distinct from illegality by reason of being beyond or not in accordance with legal authorization, is not an appropriate ground for post-conviction relief and can only be raised on direct appeal from the conviction." State v. Clark, 65 N.J. 426, 437 (1974). A corollary rule is that an illegal sentence is correctable at any time. See, e.g., State v. Rhoda, 206 N.J.

Free access — add to your briefcase to read the full text and ask questions with AI

Related

State of New Jersey v. Pablo Acevedo
New Jersey Superior Court App Division, 2025
State of New Jersey v. Craig Reid
New Jersey Superior Court App Division, 2025
State of New Jersey v. Anthony A. Peoples
New Jersey Superior Court App Division, 2025
State of New Jersey v. Dejon A. Carroway
New Jersey Superior Court App Division, 2025
State of New Jersey v. Luis S. Manso
New Jersey Superior Court App Division, 2025
State of New Jersey v. Darius H. Gittens
New Jersey Superior Court App Division, 2024
State of New Jersey v. Warren Jenkins
New Jersey Superior Court App Division, 2024
State of New Jersey v. Ronnie Watkins
New Jersey Superior Court App Division, 2024
State of New Jersey v. William Tozer
New Jersey Superior Court App Division, 2024
State of New Jersey v. Erik Re'voal
New Jersey Superior Court App Division, 2024
State of New Jersey v. Jeffrey Pickett
New Jersey Superior Court App Division, 2024
State of New Jersey v. Charlie Gonzalez
New Jersey Superior Court App Division, 2024

Cite This Page — Counsel Stack

Bluebook (online)
550 A.2d 752, 228 N.J. Super. 586, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-flores-njsuperctappdiv-1988.