The judge also found defendant's remorse to be a mitigating factor. 2C:44-1a(9) (need to deter defendant and others from violating the law). 2C:44-1a(6) (extent of defendant's prior criminal record and the seriousness of the offenses of which he has been convicted) and N.J.S.A. 2C:44-1a(3) (risk that defendant will commit another offense) N.J.S.A. Judge Callahan found aggravating factors under N.J.S.A. On July 19, 2001, defendant entered a plea to this offense before Judge Callahan.ĭefendant was sentenced on September 7, 2001. In June 2001, defendant was charged with bail jumping, N.J.S.A. He was incarcerated for approximately nine months, and was thereafter extradited to New Jersey. In or about December 2000, defendant was convicted in New York of contempt of court. Defendant did not appear for his sentencing on September 24, 1999. The prosecutor agreed to recommend the dismissal of the remaining charges and imposition of a flat seven-year sentence of incarceration, with forfeiture of the money seized. Callahan to count five, which was amended to charge defendant with conspiracy to distribute a CDS, N.J.S.A. On June 28, 1998, defendant entered a guilty plea before Judge Kevin G. 2C:39-5b (count nine) and unlawful possession of hollow-point bullets, N.J.S.A. 2C:39-4a (count eight) unlawful possession of a weapon, N.J.S.A. 2C:35-10a(1) (count seven) possession of a weapon for an unlawful purpose, N.J.S.A. 2C:35-7 (count six) possession of CDS, N.J.S.A. 2C:35-5b(1) (count five) possession of CDS with intent to distribute the same within 1,000 feet of school property, N.J.S.A. In February 1998, defendant was charged under a Hudson County indictment with possession of a controlled dangerous substance (CDS) with intent to distribute the same, N.J.S.A.
De Fazio, Hudson County Prosecutor, attorney for respondent (Lisa DeMartini, Assistant Prosecutor on the brief).ĭefendant Edwin Perez appeals from an order entered on December 1, 2005, which denied his petition for post-conviction relief (PCR). Gies, Designated Counsel, of counsel and on the brief).Įdward J. Yvonne Smith Segars, Public Defender, attorney for appellant (David A. On appeal from the Superior Court of New Jersey, Law Division, Hudson County, Indictment Nos.