Whether Rule 3:21-10(b) authorizes a reviewing court to reconsider a sentence based upon post-conviction rehabilitative efforts

QUESTIONS PRESENTED 1. Whether Rule 3:21-10(b) authorizes a reviewing court to reconsider a sentence based upon post-conviction rehabilitative efforts pursuant to establish case law and statute? 2. Whether the State Court decisions were contrary to the following cases, statutes: Graham v. Florida, 560 U.S. 48 (2010); Miller v. Alabama, 567 U.S._ (2012); United States v. Sally, 116 F.3d 76 (3" Cir. 1997); State v. Case, 220 NJ. 49 (2014); State v. Jaffe, 220 N.J. 114 (2014) and N.J.S.A. 7 2C:1-2(b)(2)? 3. Whether or not New Jersey Court Rule 3:21-10(b) is Unconstitutional as it does not provide an actual subsection that allows a proper review of Postconviction rehabilitative efforts even if a Appellant’s Motion is not preceded by a remand? i . PARTIES , The Appellant is Daniel Rios a prisoner at New Jersey State Prison, P.O. Box 861, Trenton, New Jersey. The Appellees are Meredith Balo, Ass’t Prosecutor, Union County Prosecutor’s Office, 32 Rahway Avenue, Elizabeth, New Jersey 07202-21 15. ; CORPORATE DISCLOSURE There are no corporate entities involved in this case. . RELATED CASES State v. Daniel J. Rios, Dkt. #087262 (Jan. 17, 2023), Order of the New Jersey State Supreme Court denying Certification from a Denial Motion for Reconsideration of Sentence State v. Daniel J. Rios, A-3141-20 (App. Div. June 8, 2022) Opinion of the 7 Superior Court of New Jersey, Appellate Division from a Denial Motion for — Reconsideration of Sentence State v. Daniel J. Rios, Indictment No: 13-09-00804-I (June 2, 2021) . Opinion and Order of the Superior Court of New Jersey, Union County, denying Motion for Reconsideration of Judge’s February 3, 2021 Decision. Vy State v. Daniel J. Rios, Indictment No: 13-09-00804-I (February 3, 2021) Opinion and Order of the Superior Court of New Jersey, Union County, denying Motion for Reconsideration of Sentence 1