NOT FOR PUBLICATION WITHOUT THE
APPROVAL OF THE APPELLATE DIVISION
This opinion shall not "constitute precedent or be binding upon any court." Although it is posted on the
internet, this opinion is binding only on the parties in the case and its use in other cases is limited. R. 1:36-3.
SUPERIOR COURT OF NEW JERSEY
APPELLATE DIVISION
DOCKET NO. A-4631-16T1
STATE OF NEW JERSEY,
Plaintiff-Respondent,
v.
JAMIE CENTENO,
Defendant-Appellant.
Submitted September 5, 2018 – Decided September 13, 2018
Before Judges Alvarez and Gooden Brown.
On appeal from Superior Court of New Jersey, Law
Division, Camden County, Indictment No. 09-06-2092.
Joseph E. Krakora, Public Defender, attorney for
appellant (Richard Sparaco, Designated Counsel, on the
brief).
Mary Eva Colalillo, Camden County Prosecutor,
attorney for respondent (Linda A. Shashoua, Assistant
Prosecutor, of counsel and on the brief).
Appellant filed a pro se supplemental brief.
PER CURIAM
Defendant Jamie Centeno appeals from an April 27, 2017 Law Division
order denying his second petition for post-conviction relief (PCR) without an
evidentiary hearing. For the reasons stated by Judge Gwendolyn Blue, we
affirm.
Defendant unsuccessfully appealed his conviction for first-degree murder,
N.J.S.A. 2C:11-3(a)(1)-(2), and related offenses. State v. Centeno, No. A-1523-
10 (App. Div. May 2, 2012) (slip op). Defendant was sentenced to life on the
murder charge, subject to the No Early Release Act, N.J.S.A. 2C:43-7.2(a). The
Supreme Court denied certification on defendant's further appeal of his
conviction and sentence. State v. Centeno, 212 N.J. 456 (2012). Thereafter, on
October 1, 2015, we denied defendant's first PCR petition, also by way of
unpublished decision. State v. Centeno, No. A-1989-13 (App. Div. Oct. 1, 2015)
(slip op. at 1). The Supreme Court denied certification on defendant's appeal.
State v. Centeno, 224 N.J. 527 (2016). Now on appeal, defendant raises the
following points in his counseled brief:
POINT I – DEFENDANT'S CLAIMS WERE NOT
PROCEDURALLY BARRED FROM BEING RAISED
IN HIS SECOND PETITION FOR POST
CONVICTION RELIEF.
A. DEFENDANT'S CLAIMS WERE NOT
BARRED BY R. 3:22-5.
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B. DEFENDANT'S CLAIMS WERE NOT
BARRED BY R. 3:22-12(a)(2).
POINT II – DEFENDANT WAS ENTITLED TO AN
EVIDENTIARY HEARING ON HIS SECOND PCR
PETITION AND CLAIM OF INEFFECTIVE
ASSISTANCE OF COUNSEL BECAUSE THE
FACTS LAY OUTSIDE THE RECORD AND
DEFENDANT ESTABLISHED A PRIMA FACIE
CASE OF INEFFECTIVENESS OF FIRST PCR
COUNSEL.
A. DEFENDANT WAS DENIED
EFFECTIVE ASSISTANCE OF PCR
COUNSEL DUE TO FIRST PCR COUNSEL'S
FAILURE TO RAISE INEFFECTIVE
ASSISTANCE OF TRIAL COUNSEL FOR NOT
EXPLAINING TO DEFENDANT HIS RIGHT
TO TESTIFY AT TRIAL.
B. INEFFECTIVE ASSISTANCE OF FIRST
PCR COUNSEL FOR FAILING TO RAISE
INEFFECTIVE ASSISTANCE OF TRIAL
COUNSEL'S FAILURE TO REQUEST
CURATIVE INSTRUCTION DUE TO
PROSECUTOR'S PREJUDICIAL COMMENTS
DURING CLOSING ARGUMENT.
C. FIRST PCR COUNSEL WAS
INEFFECTIVE FOR FAILING TO PROVIDE
MORE THAN BARE ALLEGATIONS TO
SUPPORT DEFENDANT'S ARGUMENT
THAT TRIAL COUNSEL FAILED TO
CONDUCT PRETRIAL INVESTIGATION
AND PREPARATION.
POINT III – POST-CONVICTION RELIEF IS
REQUIRED BECAUSE OF THE CUMULATIVE
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EFFECT OF THE ERRORS AND THE
INEFFECTIVENESS SET FORTH ABOVE.
In his pro se brief, defendant raises the following points:
POINT I: DEFENDANT HAS SUBMITTED PRIMA
FACIE EVIDENCE REQUIRING HE BE GRANTED
AN EVIDENTIARY HEARING ON POST
CONVICTION RELIEF.
POINT II: THE POST-CONVICTION RELIEF
JUDGE ERRED BY FAILING TO GRANT
APPELLANT AN EVIDENT[IA]RY HEARING ON
THE ISSUE OF INEFFECTIVE ASSISTANCE OF
TRIAL, APPELLATE AND PCR COUNSEL.
A. Appellant was Denied Effective Assistance of
PCR Counsel Due to First PCR Counsel's Failure
to Raise Ineffective Assistance of Trial Counsel
for Not Explaining to Defendant His Right to
Testify at Trial.
B. Ineffective Assistance of First PCR Counsel
for Failing to Raise Ineffective Assistance of
Trial Counsel's Failure to Request Curative
Instruction Due to Prosecutor's Prejudicial
Comments during Closing Argument.
C. First PCR Counsel was Ineffective for Failing
to Provide More Th[a]n Bare Allegations to
Support Defendant's Argument that Trial
Counsel Failed to Investigate Alibi Witnesses
and Failed to Properly Prepare to Cross-Examine
the State's Key Witness, Rose Nelson.
Rule 3:22-12(a)(2) states that second or subsequent petitions for PCR
asserting ineffective assistance of counsel must be filed within a year of the
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denial of the first or subsequent application for PCR. In this case, the first PCR
petition was decided on October 3, 2013. The second pro se petition was filed
August 17, 2016, considerably more than a year after the first was denied.
Presumably to avoid the impact of the rule, defendant now claims that the
ineffective assistance of counsel occurred on the part of first PCR counsel. The
argument does not nullify the limits found in Rule 3:22-12(a)(2), which "cannot
be relaxed by invoking Rule 1:1-2 or Rule 3:22-12(a)(1) . . ." State v. Jackson,
454 N.J. Super. 284 (App. Div. 2018). In this case, counsel did not even attempt
to explain the reason for the delay.
Furthermore, the issues defendant raises had been previously addressed
by the PCR court with the exception of a purported alibi witness. As Judge Blue
observed, on the direct appeal defendant contended the court's failure to sua
sponte instruct the jury as to passion/provocation was reversible error. This
instruction and the claim of error regarding the instruction would logically be
premised on defendant's presence at the scene. This undercuts any credibility
on the part of a purported alibi witness.
Defendant again raises the issue of his trial attorney's failure to object to
alleged prosecutorial misconduct and asserts PCR counsel was ineffective for
failing to raise it. The issue could have been adjudicated on the direct appeal.
See R. 3:22-5.
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In this second PCR petition, defendant reargues the ineffectiveness of his
trial counsel and makes points that are out of time, under the guise of placing
them at the feet of first PCR counsel. Defendant does not explain the reason the
identity of his purported alibi witness would not have been previously known to
him.
Therefore, Judge Blue's denial was appropriate not only because of the
untimeliness of the second PCR petition, but its lack of substantive merit.
Defendant's contentions of error are so lacking in merit as to not warrant further
discussion in a written opinion. R. 2:11-3(e)(2).
Defendant's pro se submission is also lacking in merit. The points are
attempts to raise issues out of time by claiming they should have been addressed
by the first PCR counsel, and to at least some extent, mirror those raised in the
counseled brief. No further discussion is necessary. R. 2:11-3(e)(2).
Affirmed.
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