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State v. Lester

Decided: March 9, 1994.

STATE OF NEW JERSEY, PLAINTIFF-RESPONDENT,
v.
EARL LESTER, SR., DEFENDANT-APPELLANT



On appeal from the Superior Court of New Jersey, Law Division, Mercer County.

King, Havey*fn1 and A.m. Stein. The opinion of the court was delivered by A.m. Stein, J.A.D.

Stein

Defendant was found guilty of unlawful possession of marijuana, unlawful possession of marijuana with intent to distribute, unlawful possession of marijuana within 1,000 feet of school property, and maintaining a dwelling house as a narcotics nuisance, N.J.S.A. 24:21-21a(6).

The trial Judge merged the convictions for possession and possession with intent to distribute into the school zone conviction, and upon motion of the prosecutor, imposed an extended nine-year prison term with a four-year parole ineligibility period. For the conviction of maintaining a narcotics nuisance, the trial Judge sentenced defendant to a consecutive three-year sentence, for a total aggregate sentence of twelve years with a four-year parole disqualifier. We reverse in part and remand for resentencing, and affirm the judgment of conviction in all other respects.

Pursuant to a search warrant, the police entered defendant's dwelling and found fifty self-sealing plastic bags containing marijuana,

a total of 92.5 grams; less than four ounces. His son, the codefendant, entered a plea before trial.

Defendant raises the following contentions in his brief on appeal:

Point I

THE OFFENSE CHARGED UNDER COUNT FOUR OF THE INDICTMENT, A VIOLATION OF N.J.S.A. 24:21-21(a)(6), CANNOT BE APPLIED TO DEFENDANT OR ANYONE SIMILARLY SITUATED TO DEFENDANT, AND SHOULD HAVE BEEN DISMISSED.

(Not Raised Below)

Point II

THE COURT ERRED IN DENYING DEFENDANT'S MOTION TO PRECLUDE THE ADMISSION OF HIS PRIOR CONVICTION INTO EVIDENCE TO IMPEACH ...


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