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State v. Gonzalez

December 23, 2008

STATE OF NEW JERSEY, PLAINTIFF-RESPONDENT,
v.
ALEXIS GONZALEZ, DEFENDANT-APPELLANT.



On appeal from the Superior Court of New Jersey, Law Division, Morris County, Indictment No. 02-08-1086.

Per curiam.

NOT FOR PUBLICATION WITHOUT THE APPROVAL OF THE APPELLATE DIVISION

Submitted December 8, 2008

Before Judges Lisa and Alvarez.

The jury found defendant guilty on eight of the nine counts in the indictment against him as follows: (1) first-degree carjacking, N.J.S.A. 2C:15-2a(2); (2) second-degree robbery, N.J.S.A. 2C:15-1a(2); (3) second-degree aggravated assault, N.J.S.A. 2C:12-1b(1); (4) fourth-degree aggravated assault, N.J.S.A. 2C:12-1b(5); (5) disorderly persons resisting arrest, N.J.S.A. 2C:29-2a; (7) third-degree theft, N.J.S.A. 2C:20-3a; (8) third-degree conspiracy to commit theft, N.J.S.A. 2C:5-2 and N.J.S.A. 2C:20-3a; and (9) fourth-degree resisting arrest, N.J.S.A. 2C:29-2a(1). The jury acquitted defendant of count six, second-degree eluding, N.J.S.A. 2C:29-2b.

The judge merged count two with count one and sentenced defendant on count one to fifteen years imprisonment with an 85% parole disqualifier and five years of parole supervision pursuant to the No Early Release Act (NERA), N.J.S.A. 2C:43-7.2. The judge imposed sentences on counts three, four and five concurrent to count one as follows: on count three, ten years imprisonment with an 85% NERA parole disqualifier and three years parole supervision; on count four, eighteen months imprisonment; and on count five, 180 days in the county jail. After merging count eight with count seven, the judge sentenced defendant on count seven to five years imprisonment, consecutive to count one. Finally, on count nine, the sentence was eighteen months imprisonment, concurrent to count one.

On appeal, defendant argues:

POINT I

THE TRIAL COURT ERRED BY FAILING TO APPROPRIATELY INSTRUCT THE JURY REGARDING THE LIMITED ADMISSIBILITY OF A CO-DEFENDANT'S GUILTY PLEA. (NOT RAISED BELOW).

POINT II

THE DEFENDANT WAS DENIED HIS RIGHT TO A FAIR TRIAL AS A RESULT OF TESTIMONY ELICITED FROM A POLICE OFFICER WHICH EFFECTIVELY INFORMED THE JURY THE DEFENDANT HAD MADE INCRIMINATING REMARKS TO HIM. (NOT RAISED BELOW).

POINT III

THE SENTENCE IMPOSED WAS MANIFESTLY ...


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