STATE v. BASS

PER CURIAM.

On March 26, 1974 defendant pled guilty to four counts of an indictment arising out of a robbery and was sentenced to State Prison for 14-19 years on May 2, 1974. An appeal based on excessiveness of sentence resulted in an affirmance.

On May 15, 1975 defendant filed a pro se petition for post-conviction relief, again complaining of the sentence. He was afforded a hearing and his petition was denied on June 20, 1975. Appeal from that denial is before us for consideration.

There is absolutely no merit to this appeal. A post-conviction application for modification of a sentence which has already been considered on direct appeal is patently frivolous. It should have been dismissed summarily.

A fortiori, an appeal from the denial of the petition should never have been filed. See R. 1:4-8 and DR 7-102 (A) (2).

Affirmed.