Searching over 5,500,000 cases.


searching
Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.

State v. Jackson

December 07, 1999

STATE OF NEW JERSEY, PLAINTIFF-RESPONDENT,
v.
ALFONSO JACKSON, DEFENDANT-APPELLANT.



Before Judges Pressler and Arnold.

The opinion of the court was delivered by: Arnold, J.S.C. (temporarily assigned)

NOT FOR PUBLICATION WITHOUT THE APPROVAL OF THE APPELLATE DIVISION

Submitted October 26, 1999

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

Defendant Alphonso Jackson was charged with the following crimes:

knowingly or purposely possessing one-half ounce or more cocaine with intent to distribute, N.J.S.A. 2C:35-5(a)(1) and N.J.S.A. 2C:35-5(b)(2); knowingly or purposely possessing cocaine with intent to distribute while within 1,000 feet of school property, N.J.S.A. 2C:35-7; and knowingly or purposely possessing cocaine, N.J.S.A. 2C:35-10(a)(1). The cocaine defendant was charged with possessing was seized by the police both from the closed drawer of a dresser in a room where defendant had been sleeping and from the pocket of a pair of pants defendant put on after the police told him to get dressed. Both seizures were comprehended by each count.

Defendant was tried by a jury. At the close of the State's case, defense counsel moved for a judgment of acquittal, R. 3:18-1, arguing that the State's proofs did not, as a matter of law, allow a jury to find defendant guilty of possession of either the cocaine found in the dresser drawer or in the pair of pants. The trial court denied the motion and defendant was convicted of knowingly or purposely possessing cocaine and acquitted on the remaining charges. Defendant was sentenced to an extended term of seven years imprisonment with a two and one-half year period of parole ineligibility.

Defendant raises the following points on appeal:

POINT I

THE TRIAL COURT ERRED BY DENYING JACKSON'S MOTION FOR A JUDGMENT OF ACQUITTAL

POINT II

JACKSON'S CONVICTION SHOULD BE VACATED IN LIGHT OF INEFFECTIVENESS OF COUNSEL

POINT III

THE SENTENCE IMPOSED UPON JACKSON WAS IMPROPER ...


Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.