STATE OF NEW JERSEY VS. MARK BOND (12-12-2513, OCEAN COUNTY AND STATEWIDE)

NOT FOR PUBLICATION WITHOUT THE APPROVAL OF THE APPELLATE DIVISION This opinion shall not “constitute precedent or be binding upon any court.”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-5537-17T1 STATE OF NEW JERSEY, Plaintiff-Respondent, v. MARK BOND, Defendant-Appellant. __________________________ Submitted December 10, 2019 – Decided February 6, 2020 Before Judges Hoffman and Firko. On appeal from the Superior Court of New Jersey, Law Division, Ocean County, Indictment No. 12-12-2513. Joseph E. Krakora, Public Defender, attorney for appellant (Elizabeth H. Smith, Designated Counsel, on the brief). Bradley D. Billhimer, Ocean County Prosecutor, attorney for respondent (Samuel J. Marzarella, Chief Appellate Attorney, of counsel and on the brief). PER CURIAM Defendant Mark Bond appeals from a February 21, 2018 Law Division order denying his petition for post-conviction relief (PCR) without an evidentiary hearing. We affirm. I In 2013, as part of a plea agreement, defendant pleaded guilty to two counts of possession with intent to distribute a controlled dangerous substance (CDS) , one second-degree charge and one third-degree charge, in violation of N.J.S.A. 2C:35-5(a)(1) and N.J.S.A. 2C:35-5(b)(2) and (3). The charges stemmed from substances seized in a no-knock police search of defendant’s home on June 29, 2012. Defendant’s plea agreement provided he would receive a five-year Drug Court special probationary sentence; however, if he violated his special probation, he would receive a fourteen-year prison term, with fifty-four months of parole ineligibility. Pursuant to the plea agreement, the court dismissed three counts charging related third-degree offenses. At his July 2013 plea hearing, defendant admitted to possessing cocaine greater than one-half ounce. By the time of his plea hearing, defendant had received a copy of the State’s laboratory report and certificate of analysis confirming that the substance analyzed tested positive for cocaine. A-5537-17T1 2 On February 18, 2015, defendant pleaded guilty to violating the terms of his special probation, specifically 1) failing to report to probation; 2) failing to keep his probation officer advised of a change of address; 3) testing positive for cocaine; 4) failing to submit to drug or alcohol testing; 5) failing to pay court- imposed financial obligations; and 6) committing a new offense, obstructing the administration of law. On the same date, the court terminated defendant’s special probation and sentenced him to fourteen years of imprisonment with fifty-four months of parole ineligibility. Defendant appealed his sentence and we affirmed, State v. Bond, No. A-3694-14 (App. Div. Sept. 13, 2016) (slip op. 1-2). Defendant then filed a petition for certification, which our Supreme Court denied. State v. Bond, 228 N.J. 444 (2016). In April 2017, defendant filed the petition under review, alleging ineffective assistance of counsel. He alleged his trial counsel failed to challenge the State’s lab report despite his urging. According to defendant, the 26.5 grams of cocaine seized from him was in fact not cocaine and was not …Original document