STATE v. PENNINGTON

No. A-2637-09T2.

14 A.3d 790 (2011)

418 N.J. Super. 548

STATE of New Jersey, Plaintiff-Respondent, v. James D. PENNINGTON, Defendant-Appellant.

Superior Court of New Jersey, Appellate Division.

Decided March 21, 2011.


Attorney(s) appearing for the Case

Yvonne Smith Segars , Public Defender, attorney for appellant ( David A. Gies , Designated Counsel, on the briefs).

Marlene Lynch Ford , Ocean County Prosecutor, attorney for respondent ( Samuel J. Marzarella , Supervising Assistant Prosecutor, of counsel and on the brief).

Before Judges CARCHMAN, GRAVES, and WAUGH.


The opinion of the court was delivered by

WAUGH, J.A.D.

Defendant James Pennington appeals the denial of his petition for post-conviction relief (PCR). We affirm as to all issues except the sentence, which we vacate and remand for resentencing consistent with this opinion.

I.

We discern the following facts and procedural history from the record on appeal.

On August 6, 1993, Michael York and...

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