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STATE v. HICKS

No. A-4338-07T4

986 A.2d 690 (2010)

411 N.J. Super. 370

STATE of New Jersey, Plaintiff-Respondent, v. Mark HICKS, Defendant-Appellant.

Superior Court of New Jersey, Appellate Division.

Decided January 22, 2010.

Attorney(s) appearing for the Case

Yvonne Smith Segars, Public Defender, attorney for appellant (Anderson D. Harkov, Designated Counsel, of counsel and on the brief).

Edward J. DeFazio, Hudson County Prosecutor, attorney for respondent (Nidara Y. Rourk, Assistant Prosecutor, on the brief).

Before Judges SKILLMAN, FUENTES and GILROY.

The opinion of the court was delivered by

FUENTES, J.A.D.

Defendant Mark Hicks appeals from the order of the Law Division, Criminal Part, denying his petition for post conviction relief (PCR). Based on the record before us, we are compelled to remand this matter for a new hearing.

On May 29, 2002, defendant pled guilty to one count of first degree aggravated manslaughter under N.J.S.A. 2C:11-4, as a lesser included offense of murder under

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