NOT FOR PUBLICATION WITHOUT THE APPROVAL OF THE APPELLATE DIVISION This opinion shall not "constitute precedent or be binding upon any court ."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-4040-18 A-4456-18 STATE OF NEW JERSEY, Plaintiff-Respondent, v. ROBBY R. WILLIS, a/k/a ROBERT WILLIS, RANDY WILLIS, ROBBY WILLIS, Defendant-Appellant. ________________________ STATE OF NEW JERSEY, Plaintiff-Respondent, v. MARCUS S. WHITE, a/k/a MARCUS WHITE, MARCUS ST. CLAIR WHITE, DOT MARCUS ST.CLAIR, MARCUS ROBERTS, Defendant-Appellant. _________________________ Submitted October 19, 2020 – Decided March 31, 2021 Before Judges Messano and Smith. On appeal from the Superior Court of New Jersey, Law Division, Burlington County, Indictment Nos. 10-08- 0841. Joseph E. Krakora, Public Defender, attorney for appellant Robby R. Willis (Louis H. Miron, Designated Counsel, on the brief). Joseph E. Krakora, Public Defender, attorney for appellant Marcus White (Andrew R. Burroughs, Designated Counsel, on the brief). Scott A. Coffina, Burlington County Prosecutor, attorney for respondent State of New Jersey (Alexis R. Agre, Assistant Prosecutor, of counsel and on the briefs). PER CURIAM We consolidate these PCR appeals for disposition in a single opinion. For the reasons set forth below, we affirm. I. We incorporate the procedural and factual history from our opinion on both direct appeals in State v. White, Nos. A-5598-12, A-5611-12 (App. Div. July 26, 2017) (slip op. at 1-2). A-4040-18 2 Following a joint trial, the jury found defendant Robby Willis guilty of first-degree kidnapping, N.J.S.A. 2C:13-1(b)(1); first-degree robbery, N.J.S.A. 2C:15-1(a)(1); first-degree carjacking, N.J.S.A. 2C:15-2(a)(4); three counts of first-degree felony murder, N.J.S.A. 2C:11-3(a)(3); second-degree unlawful possession of a handgun, N.J.S.A. 2C:39-5(b); second-degree possession of a firearm for an unlawful purpose, N.J.S.A. 2C:39-4(a); and third-degree terroristic threats, N.J.S.A. 2C:12-3(a). The jury found co-defendant Marcus St. Claire White guilty of robbery, carjacking, two counts of felony murder, and unlawful possession of a handgun, but acquitted him of the other counts in the indictment. After appropriate mergers, the judge sentenced Willis to: life imprisonment, with an eighty-five percent period of parole ineligibility pursuant to the No Early Release Act (NERA), N.J.S.A. 2C:43-7.2, on the felony murder conviction; a consecutive thirty-year term of imprisonment, with a NERA parole ineligibility period on the kidnapping conviction; a consecutive ten-year term of imprisonment, with a five-year period of parole ineligibility pursuant to the Graves Act, N.J.S.A. 2C:43-6(c), on the weapon possession conviction; and a concurrent twenty-year term of imprisonment, with a NERA period of parole ineligibility on the robbery conviction. A-4040-18 3 As to White, after appropriate mergers, the judge imposed a life sentence with a NERA period of ineligibility on the felony murder conviction; a concurrent twenty-year term of imprisonment with a NERA period of parole ineligibility on the robbery conviction; and a consecutive ten-year term of imprisonment, with a five-year parole ineligibility period under the Graves Act for the weapon possession conviction. II. On September 2, 2009, …
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