Opinion
DOCKET NO. A-5972-09T2
05-21-2012
STATE OF NEW JERSEY, Plaintiff-Respondent, v. JAMES DALSKOV, Defendant-Appellant.
Joseph E. Krakora, Public Defender, attorney for appellant (Steven M. Gilson, Designated Counsel, on the brief). John L. Molinelli, Bergen County Prosecutor, attorney for respondent (Catherine A. Foddai, Senior Assistant Prosecutor, on the brief).
NOT FOR PUBLICATION WITHOUT THE
APPROVAL OF THE APPELLATE DIVISION
Before Judges Alvarez and Skillman.
On appeal from Superior Court of New Jersey, Law Division, Bergen County, Indictment No. 04-08-1660.
Joseph E. Krakora, Public Defender, attorney for appellant (Steven M. Gilson, Designated Counsel, on the brief).
John L. Molinelli, Bergen County Prosecutor, attorney for respondent (Catherine A. Foddai, Senior Assistant Prosecutor, on the brief). PER CURIAM
A jury found defendant guilty of second-degree burglary, in violation of N.J.S.A. 2C:18-2; second-degree attempted robbery, in violation of N.J.S.A. 2C:5-1 and N.J.S.A. 2C:15-1; second-degree attempted kidnapping, in violation of N.J.S.A. 2C:5-1 and N.J.S.A. 2C:13-1b; second-degree conspiracy to commit robbery, in violation of N.J.S.A. 2C:5-2 and N.J.S.A. 2C:15-1; and second-degree conspiracy to commit kidnapping, in violation of N.J.S.A. 2C:5-2 and N.J.S.A. 2C:13-1. The trial court sentenced defendant to concurrent ten-year terms of imprisonment, subject to the 85% period of parole ineligibility mandated by the No Early Release Act, N.J.S.A. 2C:43-7.2, for the burglary, attempted robbery and attempted kidnapping. The court merged defendant's other convictions.
On appeal, we affirmed defendant's conviction and sentence in an unreported opinion. State v. Dalskov, No. A-399-06 (Jan. 24, 2008), and the Supreme Court denied defendant's petition for certification, 195 N.J. 419 (2008).
Defendant filed a petition for post-conviction relief based primarily on claims of ineffective assistance of trial and appellate counsel. After hearing argument by counsel, Judge Carroll denied defendant's petition by a written opinion and memorializing order entered on November 16, 2009.
On appeal from the denial of his petition, defendant presents the following arguments:
THIS MATTER MUST BE REMANDED FOR AN EVIDENTIARY HEARING BECAUSE DEFENDANT ESTABLISHED A PRIMA FACIE CASE OF TRIAL/ APPELLATE COUNSEL'S INEFFECTIVENESS.
A. Trial/Appellate Counsel Failed to Raise the Issue of Jurors' Misconduct.
B. Trial/Appellate Counsel Failed to Raise the Issue of Threatening Phone Calls Which Effectively Denied Defendant the Right to Present a Defense.
We reject these arguments substantially for the reasons set forth in Judge Carroll's written opinion. No further discussion of these arguments is warranted. R. 2:11-3(e)(2).
Affirmed.
I hereby certify that the foregoing is a true copy of the original on file in my office.
CLERK OF THE APPELLATE DIVISION