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State v. Ward

August 3, 2009

STATE OF NEW JERSEY, PLAINTIFF-RESPONDENT,
v.
RASHON S. WARD AKA TAMIER WARD, MICHAEL WARD, MICHAEL PITTMAN, RAHJON PITTMAN, RAHJON I. WARD, DEFENDANT-APPELLANT.
STATE OF NEW JERSEY, PLAINTIFF-RESPONDENT,
v.
MALACHI BROWN AKA RONALD D. HILL, RONALD W. HILL, MALACLLI BROWN, MALICILLI BROWN, RONALD HILL, MALICHI BROWN, DEFENDANT-APPELLANT.



On appeal from the Superior Court of New Jersey, Law Division, Union County, Indictment No. 07-01-0040.

Per curiam.

NOT FOR PUBLICATION WITHOUT THE APPROVAL OF THE APPELLATE DIVISION

Submitted June 16, 2009

Before Judges Lisa and Collester.

We consolidate for disposition in this opinion these two cases, in which co-defendants Malachi Brown and Rashon S. Ward entered guilty pleas after denial of their suppression motion.

Pursuant to a negotiated plea agreement, Brown pled guilty to count two of the indictment, charging him with third-degree possession with intent to distribute a controlled dangerous substance (CDS) within 1000 feet of school property, N.J.S.A. 2C:35-7. As recommended in the plea agreement, he was sentenced to five years imprisonment with a three-year parole disqualifier, and the remaining seven counts against him were dismissed.

Ward did not enter into a plea agreement with the prosecutor, but he entered a "non-negotiated plea," by which the court agreed to sentence him to five years imprisonment with a three-year parole disqualifier in exchange for his plea of guilty to all eight counts in the indictment against him. See R. 3:9-3(c). At sentencing, the judge merged all other counts with count two, third-degree possession with intent to distribute a CDS within 1000 feet of school property, N.J.S.A. 2C:35-7, and sentenced defendant to five years imprisonment with a three-year parole disqualifier.

Brown argues on appeal:

POINT I

THE TRIAL COURT ERRED BY DENYING THE DEFENDANT'S MOTION TO SUPPRESS EVIDENCE.

A. The Police Did Not Have Probable Cause To Search The Basement.

POINT II

DEFENSE COUNSEL RENDERED INEFFECTIVE LEGAL REPRESENTATION BY FAILING TO TIMELY FILE DEFENDANT'S BRIEF IN ...


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