From Casetext: Smarter Legal Research

State v. Pierce

Superior Court of New Jersey, Appellate Division
Jun 28, 1971
115 N.J. Super. 346 (App. Div. 1971)

Opinion

Submitted June 14, 1971 —

Decided June 28, 1971.

Appeal from The Cumberland County Court.

Before Judges CONFORD, KOLOVSKY and CARTON.

Mr. Stanley C. Van Ness, Public Defender, attorney for appellant ( Mr. Edward Weisslitz, Assistant Deputy Public Defender, of counsel and on the brief).

Mr. Joseph Tuso, Cumberland County Prosecutor, attorney for respondent ( Mr. Samuel J. Serata, Assistant Prosecutor, of counsel and on the brief).


This second post-conviction application based primarily upon alleged excessiveness of sentence was barred since a prior post-conviction application on the same ground was determined adversely to defendant and not appealed. R. 3:22-3; 3:22-5. Moreover, alleged excessiveness of sentence is not an appropriate ground of post-conviction relief, but only a ground for direct appeal from the conviction unless the sentence is "in excess of or otherwise not in accordance with the sentence authorized by law". R. 3:22-2. This is not such a case.

There is no merit in the additional claim of absence of speedy trial.

Affirmed.


Summaries of

State v. Pierce

Superior Court of New Jersey, Appellate Division
Jun 28, 1971
115 N.J. Super. 346 (App. Div. 1971)
Case details for

State v. Pierce

Case Details

Full title:STATE OF NEW JERSEY, PLAINTIFF-RESPONDENT, v. ELTON C. PIERCE…

Court:Superior Court of New Jersey, Appellate Division

Date published: Jun 28, 1971

Citations

115 N.J. Super. 346 (App. Div. 1971)
279 A.2d 871

Citing Cases

State v. Torres

"Alleged excessiveness of sentence is not an appropriate ground of post-conviction relief." State v. Pierce,…

State v. Randall

Furthermore, this court has generally found that challenges to excessive sentences are not appropriate for…