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State v. Davidson

July 14, 2009

STATE OF NEW JERSEY, PLAINTIFF-RESPONDENT,
v.
CHARLES DAVIDSON, DEFENDANT-APPELLANT.



On appeal from Superior Court of New Jersey, Law Division, Passaic County, Indictment No. 05-09-1220.

Per curiam.

NOT FOR PUBLICATION WITHOUT THE APPROVAL OF THE APPELLATE DIVISION

Argued December 2, 2008

Before Judges Skillman and Graves.

Following a jury trial, defendant Charles Davidson was convicted of third-degree possession of a controlled dangerous substance (cocaine), N.J.S.A. 2C:35-10(a)(1) (count one); third- degree possession of cocaine with intent to distribute, N.J.S.A. 2C:35-5(a)(1) (count two); and third-degree possession of cocaine with intent to distribute within a school zone, N.J.S.A. 2C:35-7 (count three). At sentencing on June 27, 2007, counts one and two were merged into count three. After the court granted the State's motion for imposition of an extended term of imprisonment under N.J.S.A. 2C:43-6(f), defendant was sentenced to a ten-year prison term with five years of parole ineligibility.

Defendant presents the following arguments on appeal:

POINT I

DEFENDANT IS ENTITLED TO A NEW TRIAL BASED UPON THE PROPOSED EXCULPATORY TESTIMONY OF NEWLY DISCOVERED EYEWITNESS LATASHA BEAMON.

POINT II

DEFENDANT IS ENTITLED TO A NEW TRIAL DUE TO THE INEFFECTIVE ASSISTANCE OF TRIAL COUNSEL IN FAILING TO LOCATE MS. BEAMON PRIOR TO TRIAL.

POINT III

THERE ARE INSUFFICIENT AGGRAVATING FACTORS TO SUPPORT THE MAXIMUM EXTENDED TERM OF 10 YEARS WITH A 5 YEAR PERIOD OF PAROLE INELIGIBILITY.

Based on our review of the record, we conclude that defendant's arguments are without sufficient merit to warrant extended discussion in ...


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