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State v. James

November 18, 2008

STATE OF NEW JERSEY, PLAINTIFF-RESPONDENT,
v.
JAMES E. JAMES, JR., DEFENDANT-APPELLANT.



On appeal from the Superior Court of New Jersey, Law Division, Ocean County, Indictment No. 05-03-0433.

Per curiam.

NOT FOR PUBLICATION WITHOUT THE APPROVAL OF THE APPELLATE DIVISION

Submitted September 29, 2008

Before Judges Sapp-Peterson and Alvarez.

Defendant James E. James, Jr. appeals his second-degree robbery conviction, following jury trial, and the twenty-year mandatory extended-term sentence imposed. He raises for our consideration the following points:

POINT ONE

BECAUSE THE POLICE WERE NOT JUSTIFIED IN STOPPING THE CAR WHICH THE DEFENDANT WAS DRIVING THE EVIDENCE DISCOVERED THEREBY SHOULD HAVE BEEN SUPPRESSED. (U.S. CONST., Amends. IV and XIV; N.J. CONST. [], Article I, [§] 7). (Not Raised Below).

POINT TWO

THE "SHOW[]UP" PROCEDURE USED BY THE POLICE IN THIS CASE VIOLATED THE ATTORNEY GENERAL'S GUIDELINES AND WAS IMPERMISSIBLY AND UNNECESSARILY SUGGESTIVE; THEREFORE, THE TRIAL COURT SHOULD HAVE EXCLUDED THE IDENTIFICATIONS.

POINT THREE

THE INSTRUCTION ON DEFENDANT'S EXERCISE OF HIS RIGHT TO REMAIN SILENT SUGGESTED THAT HE HAD AN OBLIGATION TO TESTIFY AND THEREBY VIOLATED HIS STATE AND FEDERAL RIGHTS TO REMAIN SILENT. (Not Raised Below).

POINT FOUR

THE DEFENDANT WAS DENIED A FAIR TRIAL WHEN THE PROSECUTOR ASSERTED "FACTS" NOT IN THE RECORD AND VOUCHED FOR THE CREDIBILITY OF THE STATE[']S WITNESSES IN HER SUMMATION. (Partially Raised Below).

A. The Prosecutor Misrepresented the Record.

B. The Prosecutor Vouched for the State's Witnesses.

POINT FIVE

THE DEFENDANT'S MANDATORY EXTENDED TERM, PURSUANT TO N.J.S.A. 2C:43-[7.1(b)], OF A TWENTY[-]YEAR BASE TERM, WITH AN EIGHTY-FIVE PERCENT PERIOD OF PAROLE INELIGIBILITY IS MANIFESTLY EXCESSIVE AND MUST BE REMANDED UNDER ...


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