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State v. Jackson

June 30, 2009

STATE OF NEW JERSEY, PLAINTIFF-RESPONDENT,
v.
COURTNEY B. JACKSON, DEFENDANT-APPELLANT.



On appeal from the Superior Court of New Jersey, Law Division, Somerset County, Indictment No. 03-05-0298.

Per curiam.

NOT FOR PUBLICATION WITHOUT THE APPROVAL OF THE APPELLATE DIVISION

Submitted May 28, 2009

Before Judges Axelrad and Messano.

Defendant Courtney B. Jackson appeals from the judgment of conviction and sentence imposed following a jury trial at which he was found guilty of second-degree possession of cocaine with intent to distribute, N.J.S.A. 2C:35-5(a)(1) and 2C:35-5(b)(2); second-degree possession of a firearm while possessing cocaine with intent to distribute, N.J.S.A. 2C:39-4.1(a); third-degree unlawful possession of a handgun, N.J.S.A. 2C:39-5(b); and fourth-degree obstructing, N.J.S.A. 2C:29-1(a). He was sentenced to six years in prison on the possession with intent to distribute charge, and eight-years consecutively on the possession of a firearm while possessing cocaine with intent to distribute. Sentences imposed on the remaining counts, and on a separate accusation to which defendant pled guilty, were ordered to run concurrently. The appropriate financial penalties were also imposed.

Defendant raises the following arguments for our consideration:

POINT I

PROSECUTORIAL MISCONDUCT DEPRIVED DEFENDANT OF HIS DUE PROCESS RIGHTS TO A FAIR TRIAL, THEREFORE DEFENDANT'S CONVICTION MUST BE REVERSED. (NOT RAISED BELOW)

POINT II

THE VERDICT ON COUNT I WAS AGAINST THE WEIGHT OF THE EVIDENCE AS NOTHING WAS ADDUCED TO SUPPORT THE REQUISITE MENTAL ELEMENT. (NOT RAISED BELOW)

POINT III

DEFENDANT'S SENTENCE WAS MANIFESTLY EXCESSIVE AND CONSTITUTED AN ABUSE OF [THE] TRIAL COURT['S] DISCRETION. (NOT RAISED BELOW)

We have considered these arguments in light of the record and applicable legal standards. We affirm.

On April 23, 2004, members of the Somerset County Prosecutor's Office Organized Crime and Narcotics Task Force gathered in the parking lot of the Somerville train station, preparing to proceed to a surveillance location. At about 7:00 p.m., members of the team took note of defendant, who they observed walking on South Bridge Street. Defendant stopped in front of a driveway at 93 South Bridge Street, looked up the driveway, ...


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