NOT FOR PUBLICATION WITHOUT THE APPROVAL OF THE APPELLATE DIVISION This opinion shall not "constitute precedent or be binding upon any court ."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-4429-18T4 STATE OF NEW JERSEY, Plaintiff-Respondent, v. KONTAR ANTHONY a/k/a DOUGH BOY and ANTHONY KONTAR, Defendant-Appellant. ___________________________ Submitted March 30, 2020 – Decided June 10, 2020 Before Judges Fasciale and Moynihan. On appeal from the Superior Court of New Jersey, Law Division, Essex County, Indictment No. 95-10-3301. Kontar Anthony, appellant pro se. Theodore N. Stephens II, Acting Essex County Prosecutor, attorney for respondent (Frank J. Ducoat, Special Deputy Attorney General/Acting Assistant Prosecutor, of counsel and on the brief). PER CURIAM Defendant Kontar Anthony appeals from an order denying his motion to correct an illegal sentence and related order denying his motion for reconsideration, arguing: POINT I THE [MOTION JUDGE] ERRED IN FAILING TO GRANT [DEFENDANT'S] MOTION TO CORRECT AN ILLEGAL SENTENCE TO ENSURE A UNIFORM APPLICATION AND FULL IMPLEMENTATION OF STATE V. ZUBER, 227 N.J. 422 (2017). POINT II THE [MOTION JUDGE'S] RULING IS NOT SUPPORTED BY SUFFICIENT, CREDIBLE EVIDENCE IN THE RECORD. After considering the record and the briefs, we conclude that defendant's Point II arguments are "without sufficient merit to warrant discussion in a written opinion." R. 2:11-3(e)(2). We are also unpersuaded by his remaining argument and affirm. Defendant was sixteen years old when he committed the offenses of which he was found guilty by jury: second-degree conspiracy to commit robbery and/or murder, N.J.S.A. 2C:5-2, N.J.S.A. 2C:15-1 and N.J.S.A. 2C:11-3 (count one); first-degree murder, N.J.S.A. 2C:11-3(a)(1) and (2) (count two); first- degree felony murder, N.J.S.A. 2C:11-3(a)(3) (count three); first-degree A-4429-18T4 2 robbery, N.J.S.A. 2C:15-1 (count four); third-degree unlawful possession of a weapon, N.J.S.A. 2C:39-5(b) (count five); and second-degree possession of a weapon for unlawful purpose, N.J.S.A. 2C:39-4(a) (count six). 1 Defendant was sentenced to a forty-year prison term with thirty years of parole ineligibility for felony murder.2 We affirmed his convictions on direct appeal. State v. Anthony, No. A-1741-96 (App. Div. May 13, 1998). Our Supreme Court denied defendant's petition for certification. State v. Anthony, 156 N.J. 408 (1998). Defendant subsequently filed a motion to correct an illegal sentence. The motion judge rejected defendant's contention that the United States Supreme Court's holding in Miller v. Alabama, 567 U.S. 460 (2012), required 1 Defendant was also charged in a single count under Indictment No. 15-09- 2082 with third-degree aggravated assault – simple assault on a law enforcement officer, N.J.S.A. 2C:12-1(b)(5)(a). Defendant does not appeal from the eighteen-month prison term imposed, concurrent to the felony-murder sentence, after that charge was downgraded to fourth-degree obstructing, N.J.S.A. 2C:29- 1(b). 2 After merger of offenses, sentences on the remaining counts were run concurrent to the felony-murder sentence. Defendant does not appeal the sentences on the other counts. A-4429-18T4 3 resentencing, and that the ...
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