SUPERIOR COURT OF NEW JERSEY 

 APPELLATE DIVISION 

 DOCKET NO. A-3192-21 

STATE OF NEW JERSEY, 

Plaintiff-Respondent, 

v.

WINSTON WILSON, a/k/a 

JESUS WILSON, 

 Defendant-Appellant. 

________________________

Submitted November 6, 2023 – Decided January 26, 2024 

Before Judges Berdote Byrne and Bishop-Thompson. 

On appeal from the Superior Court of New Jersey, Law 

Division, Somerset County, Indictment Nos. 14-05-

0331, 14-05-0332, and 17-09-0544.

Joseph E. Krakora, Public Defender, attorney for 

appellant (Susan Brody, Designated Counsel, on the 

brief). 

John P. McDonald, Somerset County Prosecutor, 

attorney for respondent (Lauren E. Bland, Assistant 

Prosecutor, of counsel and on the brief). 

PER CURIAM 

NOT FOR PUBLICATION WITHOUT THE 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.
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Defendant Winston Wilson seeks reversal of the trial court's denial of his 

petition for post-conviction relief (PCR) without an evidentiary hearing. We 

affirm. 

I.

 In April 2014, defendant attended a party at the home of M.G.1 in Franklin. 

Defendant was asked to leave. He left, and returned between 1:00 a.m. and 6 

a.m. Defendant assaulted M.G. with a barbell and a knife. She sustained blunt 

force trauma and stab wounds to her head, face, chest, arms, abdomen, and 

throat. M.G. was transported to the hospital and emergency surgery was 

performed. 

 At M.G.'s home, the officers observed signs of a struggle and blood in the 

upstairs bedroom, bathroom, and on the upstairs hallway wall. A small barbell 

was found in the kitchen sink. 

 Initially, M.G. identified the attacker as her boyfriend "Rubin." Later, she 

recanted and identified her attacker was "Jesus," defendant's nickname, and gave 

the physical description of a New Jersey Devils logo tattoo on defendant's neck 

and a teardrops tattoo on his face. 

1

 We use initials to protect the confidentiality and identity of the victim. R.

1:38-3(c)(12). 
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Defendant took a cell phone, a PlayStation, and a 2009 Mazda 6 car from 

M.G.'s home. While investigating the assault, police officers located the stolen 

vehicle at an apartment complex in Edison where defendant was staying. Police 

recovered M.G.'s PlayStation and defendant was found in possession of an 

unregistered and loaded .38 caliber Smith and Wesson handgun. 

On May 29, 2014, a Somerset County grand jury returned Indictment No. 

14-05-00331 charging defendant with first-degree attempted murder, N.J.S.A. 

2C:5-1, 2C:11-3(a)(1) (count one); robbery, N.J.S.A. 2C:15-1 (count two); two 

counts of third-degree possession of a weapon for an unlawful purpose, N.J.S.A. 

2C:39-4(d) (counts three and four); and third-degree theft, N.J.S.A. 2C:20-3(a) 

(count five). Defendant was charged in a separate indictment, Indictment No. 

14-05-0332, with second-degree unlawful possession of a firearm, N.J.S.A. 

2C:58-4. The grand jury returned a third indictment on September 27, 2017, 

Indictment No. 17-09-0544, charging defendant with two counts of third-degree 

theft by unlawful taking, N.J.S.A. 2C:20-3a. The trial court consolidated all 

indictments on October 11, 2017. On the same day, the State dismissed the 

third-degree theft charge in Indictment No. 14-05-331. 

 In October 2017, a jury trial was held on Indictment No. 14-05-331, 

resulting in a mistrial. On October 13, 2017, before defendant's retrial, he 
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pleaded guilty to first-degree attempted murder, robbery, two counts of thirddegree possession of a weapon for an unlawful purpose in the first indictment, 

second-degree unlawful possession of a firearm in the second indictment, and 

both counts of theft in the third indictment. 

 During the plea colloquy, defendant testified that he understood the terms 

of the negotiated plea agreement. When asked by the court if he was satisfied 

with his communications with trial counsel, defendant testified that he had an 

adequate opportunity to discuss with trial counsel his plea agreement, the 

additional proofs that may have been offered against him by the State, and any 

additional defenses and/or strategy that could have been presented on retrial. 

Defendant further stated that he was satisfied with trial counsel's representation 

during the first trial and at the time of the plea hearing. On defendant's plea 

form, he circled "Yes" that he was satisfied with the advice received from 

counsel. Defendant also circled "No" that other "promises" or "any threats" 

were made to cause him to plead guilty. The court was satisfied with defendant's 

allocution to the charges and accepted his guilty plea. 

 The court denied defendant's motion to withdraw his guilty plea on April 

11, 2018. 
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The next month, on May 11, 2018, the court sentenced defendant to twelve 

years with an eighty-five percent parole bar and five years of parole supervision 

as prescribed by the No Early Release Act (NERA), N.J.S.A. 2C:43-7.2, on the 

first indictment, concurrent with seven years with a fifty-percent parole bar on 

the second indictment, and four years "flat" on the third indictment. 

Thereafter, defendant appealed his sentence, and the matter was listed on 

the excessive sentencing calendar pursuant to Rule 2:9-11. On October 24, 

2018, we remanded the case for resentencing and ordered the merger of several 

counts. State v. Wilson, A-4785-17 (App. Div. Oct. 24, 2018). The trial court 

resentenced defendant on December 4, 2018, with no change to his aggregate 

term. 

In October 2019, defendant, then self-represented, filed a PCR petition, 

asserting ineffective assistance of trial counsel. On February 19, 2019, 

defendant's assigned PCR counsel filed an amended PCR petition, brief, and 

certification in further support of defendant's petition. The judge heard oral 

argument. On March 21, 2022, the PCR court issued a written opinion and order 

denying defendant's petition. 
6 A-3192-21

II. 

On appeal, defendant raises two arguments. First, defendant argues that 

he is entitled to an evidentiary hearing on his ineffective assistance of counsel 

claim because trial counsel failed to conduct an adequate pretrial investigation 

concerning his intoxication defense. Second, trial counsel "pressured" him to 

plead guilty. 

The factual and legal determinations made by a PCR court are reviewed 

de novo when an evidentiary hearing is not held. State v. Harris, 181 N.J. 391, 

420-21 (2004); State v. Lawrence, 463 N.J. Super. 518, 522 (App. Div. 2020). 

A PCR court's decision to proceed without an evidentiary hearing is reviewed 

for an abuse of discretion. State v. Vanness, 474 N.J. Super. 609, 623 (App. 

Div. 2023) (citing State v. Brewster, 429 N.J. Super. 387, 401 (App. Div. 2013)). 

When the defendant's basis for relief is premised on a claim of ineffective 

assistance of counsel, he is required to satisfy the two-prong test enunciated in 

Strickland by demonstrating that: (1) counsel's performance was deficient, and 

(2) the deficient performance prejudiced the accused's defense. Strickland v. 

Washington, 466 U.S. 668, 687 (1984) and State v. Fritz, 105 N.J. 42, 56-8 

(1987) (adopting the Strickland two-part test in New Jersey). When reviewing 

such claims, courts apply a strong presumption that defense counsel "rendered 
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adequate assistance and made all significant decisions in the exercise of 

reasonable professional judgment." Strickland, 466 U.S. at 690. "[C]omplaints 

'merely of matters of trial strategy' will not serve to ground a constitutional claim 

of inadequacy[.]" Fritz, 105 N.J. at 54 (internal citations omitted). 

A petitioner is not automatically entitled to an evidentiary hearing. State 

v. Porter, 216 N.J. 343, 355 (2013). Rule 3:22-10 provides that a defendant is 

entitled to an evidentiary hearing on a PCR petition only if he or she establishes 

a prima facie case in support of PCR, material issues of disputed fact cannot be 

resolved by reference to the existing record, and an evidentiary hearing is 

necessary to resolve the claims for relief. Id. at 354 (quoting R. 3:22-10(b)). 

The PCR court should grant an evidentiary hearing "if a defendant has presented 

a prima facie claim in support of [PCR]." State v. Preciose, 129 N.J. 451, 462 

(1992). 

A. Alleged Failure to Conduct an Inadequate Investigation of 

Defendant's Intoxication Defense. 

Defendant argues the PCR court erred in its determination that defendant 

could not have raised an intoxication defense at the time of the second trial 

because he would have been subject to cross-examination about his failure to 

raise it at his first trial. He also argues the PCR court erred when it found "trial 

counsel's failure to investigate an intoxication defense was 'eminently 
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reasonable' because if it had been raised at trial, it would have contradicted the 

alibi defense which [defendant] had presented at trial." We reject defendant's 

arguments. 

Defendant makes these arguments even though the record shows, as found 

by the PCR court, trial counsel "raise[d] strong defenses at the first trial." 

Moreover, defendant provided the jury with an alibi and his trial counsel argued 

that defendant was at his former girlfriend's home at the time of the assault. 

There was also no prejudice to defendant because trial counsel's performance 

led to the outcome of a hung jury. Applying these well-established standards, 

we discern no fault in the PCR court's analysis because defendant offers nothing 

more than bald assertions that are not supported by the record. See State v. 

Cummings, 321 N.J. Super. 154, 170 (App. Div. 1999) (explaining there must 

be more than bald allegations of counsel's substandard investigation; the 

defendant's PCR petition lacked supporting affidavits setting forth personal 

knowledge of what a more thorough investigation would have revealed). Thus, 

the record is barren of facts to sufficiently demonstrate substandard performance 

by trial counsel. State v. Porter, 216 N.J. 343, 355 (2013). 
9 A-3192-21

B. The Alleged Pressure by Trial Counsel for Defendant to Plead 

Guilty. 

Additionally, defendant argues that the PCR court erred in finding that 

defendant's responses during the plea colloquy indicated that he knowingly and 

voluntarily entered a guilty plea. We agree with the PCR court, the transcript 

of the plea hearing reflects detailed questions were posed to defendant to 

determine whether he was satisfied with trial counsel's services, and whether he 

had an adequate opportunity to discuss his plea agreement with trial counsel, the 

additional proofs by the State, and any additional defenses and/or strategy that 

could have been employed in the event of a retrial. Defendant unequivocally 

stated that he was satisfied with trial counsel's services and all communications 

with trial counsel. He cannot now claim inadequate representation from trial 

counsel. 

 In sum, defendant has demonstrated neither deficient performance by trial 

counsel nor any actual prejudice; and therefore, he fails to meet the 

Strickland/Fritz standard for relief. We are satisfied the PCR court did not abuse 

its discretion in concluding defendant was not entitled to an evidentiary hearing. 

Affirmed.