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State v. Jenkins

November 18, 2008

STATE OF NEW JERSEY, PLAINTIFF-RESPONDENT,
v.
ALONZO JENKINS, DEFENDANT-APPELLANT.



On appeal from the Superior Court of New Jersey, Law Division, Essex County, Indictment No. 97-04-1670.

Per curiam.

NOT FOR PUBLICATION WITHOUT THE APPROVAL OF THE APPELLATE DIVISION

Submitted October 21, 2008

Before Judges Wefing and Yannotti.

Defendant Alonzo Jenkins appeals from an order dated July 17, 2007, which denied his motion to "correct an illegal sentence." We affirm.

Defendant was charged under Essex County Indictment No. 97- 04-1670 with second-degree conspiracy to commit robbery, N.J.S.A. 2C:5-2 and N.J.S.A. 2C:15-1 (count one); first-degree robbery, N.J.S.A. 2C:15-1 (count two); second-degree aggravated assault, N.J.S.A. 2C:12-1b(1) (count three); fourth-degree unlawful possession of a weapon, N.J.S.A. 2C:39-5d (count four); and third-degree possession of a weapon for an unlawful purpose, N.J.S.A. 2C:39-4d (count five). Defendant was tried to a jury, which found him not guilty on count four, guilty of the charges in counts one, two and five, and guilty on count three of the lesser offense of third-degree aggravated assault.

Defendant was sentenced on November 12, 1997. The judge merged counts one, three and five with count two and granted the State's motion to sentence defendant to an extended term as a persistent offender pursuant to N.J.S.A. 2C:44-3a. The judge imposed a forty-five year term of incarceration with a fifteen- year period of parole ineligibility. The judge also imposed a $50 Violent Crimes Compensation Board penalty, as well as a $75 Safe Neighborhood Service Fund assessment. Defendant appealed and raised the following issues for our consideration:

POINT I.

THE PROSECUTOR REPEATEDLY ELICITED INADMISSIBLE HEARSAY THROUGH THE TESIMONY OF THE INVESTIGATING OFFICER (Substantially raised below).

POINT II.

DEFENDANT'S CONVICTIONS WERE CONTRARY TO THE WEIGHT OF THE EVIDENCE.

POINT III.

DEFENDANT'S SENTENCE IS MANIFESTLY EXCESSIVE.

We rejected these arguments and affirmed. State v. Jenkins, No. A-4150-97T4 (App. Div. Nov. 3, 1999). Defendant filed a petition for certification with the Supreme Court seeking review of our judgment. The ...


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