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State v. Lopez

November 5, 2008

STATE OF NEW JERSEY, PLAINTIFF-RESPONDENT,
v.
ADRIEL LOPEZ, DEFENDANT-APPELLANT.



On appeal from Superior Court of New Jersey, Law Division, Burlington County, Indictment No. 05-01-0076I.

Per curiam.

NOT FOR PUBLICATION WITHOUT THE APPROVAL OF THE APPELLATE DIVISION

Argued: October 16, 2008

Before Judges Lihotz and Messano.

On January 13, 2005, a Burlington County Grand Jury returned Indictment No. 05-01-0076-I, charging defendant Adriel Lopez and co-defendant Keith D. Cole (Cole), with second-degree burglary, N.J.S.A. 2C:18-2b(2) (count one), two counts of third- degree theft by unlawful taking, N.J.S.A. 2C:20-3a (counts two and three), third-degree burglary, N.J.S.A. 2C:18-2a(1) (count four), and first-degree employing a juvenile in the commission of a crime, N.J.S.A. 2C:24-9a (count five).

Following a jury trial, defendant was convicted of second-degree burglary (count one), and third-degree theft by unlawful taking (count two). The jury acquitted defendant of the remaining charges. Defendant was sentenced on April 13, 2007. On count one the court imposed three years incarceration with a three-year period of parole ineligibility, pursuant to the Grave's Act, N.J.S.A. 2C:43-6(c), and on count two a concurrent three-year flat sentence.*fn1

Defendant presents the following issues for our consideration:

POINT I. STATE FAILED TO PROVIDE DISCOVERY

A. PHOTOGRAPHS FROM BANK SURVEILLANCE

B. PHOTOGRAPH OF ID

C. EVIDENCE LOG

D. COIN TRANSACTION RECEIPT

POINT II. CO-DEFENDANT'S COUNSEL FAILED TO PROVIDE PRETRIAL DISCOVERY DISCLOSURE OF THE STATEMENTS OF WITNESSES.

POINT III. THE TRIAL COURT ERRED BY ALLOWING THE STATE'S WITNESS TO TESTIFY TO HEARSAY.

POINT IV. THE TRIAL COURT ERRED BY ALLOWING THE STATE'S WITNESS TO TESTIFY IMPROPERLY TO THE CREDIBILITY OF THE WITNESS.

POINT V. PREJUDICIAL JOINDER OF DEFENDANTS.

POINT VI. VIOLATION OF THE DEFENDANT'S SIXTH AMENDMENT RIGHT ...


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