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State v. Perez

October 05, 2000


Before Judges Havey, Keefe and Collester.

The opinion of the court was delivered by: Collester, J.A.D.


Submitted January 24, 2000

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

Tried to a jury, defendant was convicted of twenty-eight counts of third degree burglary, contrary to the provisions of N.J.S.A. 2C:18-2; twenty counts of third degree theft, contrary to the provisions of N.J.S.A. 2C:20-3; one count of fourth degree theft, contrary to the provisions of N.J.S.A. 2C:20-3; one count of third degree theft by receiving a stolen motor vehicle, contrary to the provisions of N.J.S.A. 2C:20-7; one count of third degree conspiracy, contrary to the provisions of N.J.S.A. 2C:5-2 and N.J.S.A. 2C:20-3; and three counts of disorderly persons theft, contrary to the provisions of N.J.S.A. 2C:20-3. After granting the prosecutor's motion for an extended term, the sentencing judge imposed an aggregate term of imprisonment of twenty-five years with a twelve and one-half year period of parole disqualification plus $23,368.59 payable as restitution, a VCCB penalty of $2,650 and a $3,975 SNSF penalty. Defendant appeals his convictions and sentence.

The State's proofs at trial were as follows. A joint task force was formed of federal and state law enforcement personnel to investigate a series of burglaries having a similar modus operandi. The burglaries focused on residences in apartment or condominium complexes rather than single family homes. There was no evidence of forced entry, but broken toothpicks were left in the lock cylinders of the doors to the residences. The burglaries occurred on weekdays and during daylight hours when residents were at work. The premises were ransacked, and items of jewelry, clothing, small electronic equipment and cash were taken along with pieces of luggage used to carry the items away. A rear sliding door or rear window was generally left open. Initial investigation pointed to suspects described as Hispanic males dressed in business suits.

As a result of information obtained from a confidential informant, the joint task force identified defendant Ramon Perez as a suspect. Surveillance of Perez began on February 5, 1996, at his residence in Brooklyn, New York. On the morning of February 9, 1996, Perez was observed driving his grey Pontiac automobile accompanied by another Hispanic male. Both were dressed in business suits with dress shirts and ties. Perez and his passenger, later identified as Roberto Navedo, drove into New Jersey, proceeded south on the New Jersey Turnpike to Exit 11 and pulled into a parking space at the commuter lot of the Garden State Arts Center. Navedo got out of the Pontiac and entered a blue car. He pulled out of the parking lot in the blue car and was followed by defendant in the grey Pontiac. Both cars drove to Perth Amboy where defendant left the Pontiac in front of a liquor store and joined Navedo in the blue car. The two men then proceeded north on Route 440 to northbound Route 287. They were followed into Pennsylvania where the surveillance team lost sight of them. The team returned to the liquor store where defendant had parked the grey Pontiac and waited for the men to return. Shortly before 5:00 p.m. Perez and Navedo returned in the blue car.

After Perez got out of the car, police officers arrested the two men. The back seat of the car was loaded with bags, luggage and stereo equipment. Further examination revealed that the steering column was broken out. Later it was confirmed that the car had been reported stolen.

As defendant was transported to Perth Amboy police headquarters, he was read his Miranda *fn1 warnings. He responded, "Well, you already got me... with all the stuff, what more do you want?" A search of defendant's person yielded a cellular phone, a set of lock pick tools and miscellaneous colored toothpicks, some broken. At police headquarters he consented to a search of his grey Pontiac and was present when the search was conducted. Recovered from the automobile were a slap hammer, ice pick, a bent coat hanger commonly used to gain illegal entry into automobiles and various items of personal property later identified as stolen. On the evening of the arrest defendant was again given his Miranda warnings. Again he waived his right to be silent and to consult with an attorney. He gave a formal statement to Investigator Brian Caffrey of the Middlesex County Prosecutor's Office, recounting many burglaries and describing his modus operandi. He chose residences by ringing the doorbell to determine that no one was home. He would pick the lock to gain entry and jam toothpicks into the locks to avoid being surprised by a resident returning home unexpectedly. His escape routes were through rear windows or sliding doors.

Defendant was held in the Middlesex County Adult Corrections Center in lieu of bail. On February 13, 1996, an intake person from the Middlesex County Criminal Case Management Office interviewed him and assisted in completion of a case management form which included a questionnaire relating to financial eligibility for a public defender. The intake worker indicated on the form a recommendation for acceptance by the public defender.

On February 15, 1996, Detectives Stephen Wilczynsky and Anthony Carro from the Metuchen Police Department interviewed the defendant after advising him of his Miranda warnings. Defendant waived his Miranda rights and agreed to speak to the detectives. He admitted to a burglary and theft in Metuchen and recalled that a UPS sticker on the door alerted him that no one was home.

On February 16, 1996, Investigator Caffrey of the Prosecutor's Office took another statement from defendant. Again defendant was advised and waived his Miranda rights. He described his burglary methods beginning with the theft of a car by Navedo and ending with the manner in which he entered the residences and stole the property.

The Middlesex County Public Defender's Office opened a file on defendant on February 21, 1996. An assistant public defender was assigned the case, and she ordered an interview by an investigator. The record does not disclose when any interview took place. On February 27, 1996, a motion for a reduction of bail was filed. No disposition is contained in the record.

Also on February 27, 1996, two detectives of the Edison Police Department went to see the defendant at the Middlesex County Adult Corrections Center and showed him an ex parte order signed by a Superior Court judge permitting them to take defendant from the facility so that he could "clear up" some of the unsolved burglaries in which he was a suspect. Defendant again was advised of his Miranda warnings and agreed to waive his rights. He drove with the detectives and ...

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