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State v. Miller

April 3, 1997

STATE OF NEW JERSEY, PLAINTIFF-RESPONDENT,
v.
DAVID MILLER, AKA PIERCE MILLER, DEFENDANT-APPELLANT.



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

Approved for Publication April 3, 1997.

Before Judges Baime, P.g. Levy and Braithwaite. The opinion of the court was delivered by Braithwaite, J.A.D.

The opinion of the court was delivered by: Braithwaite

The opinion of the court was delivered by

BRAITHWAITE, J.A.D.

Following a jury trial on Essex County indictment 4368-10-91, defendant *fn1 appeals from his convictions of conspiracy to commit robbery, N.J.S.A. 2C:5-2 and N.J.S.A. 2C:15-1 (count one); robbery, N.J.S.A. 2C:15-1 (count two); and receiving stolen property, N.J.S.A. 2C:20-7 (count three). He was acquitted of two weapons offenses also contained in the indictment. At sentencing, counts one and three were merged with count two, and defendant was sentenced to a twenty-year prison term with a ten-year period of parole ineligibility that ran consecutively to the sentence he was then serving.

On appeal, defendant's counsel argues:

POINT I

TRIAL COURT ERRED IN NOT DISMISSING THE INDICTMENT UNDER THE INTERSTATE AGREEMENT ON DETAINER ACT.

POINT II

TRIAL COURT ERRED IN PERMITTING A SEQUESTERED WITNESS TO BE PRESENT DURING THE HEARING.

POINT III

DEFENDANT WAS DENIED EFFECTIVE ASSISTANCE OF COUNSEL.

POINT IV

THE SENTENCE WAS EXCESSIVE.

In a pro se brief defendant contends:

POINT I

THE COMPLICITY BETWEEN COUNSEL, THE STATE, AND THE PROSECUTOR VIOLATED DEFENDANT'S DUE PROCESS OF LAW RIGHTS.

We reject all contentions raised by defendant and his counsel and affirm.

On September 24, 1992, while defendant was an inmate in a New York State prison, he made a request for a final Disposition of two untried indictments in New Jersey. The first indictment, number 2286-4-91, charged defendant with receiving stolen property, N.J.S.A. 2C:20-7; robbery, N.J.S.A. 2C:15-1; and possession of an imitation firearm with an unlawful purpose, N.J.S.A. 2C:39-4e. The second indictment, number 4368-10-91, is the subject of this appeal. Defendant's ...


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