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State v. Perkins

February 18, 2010

STATE OF NEW JERSEY, PLAINTIFF-RESPONDENT,
v.
KENNETH PERKINS, DEFENDANT-APPELLANT.



On appeal from the Superior Court of New Jersey, Law Division, Mercer County, Indictment No. 06-10-1062.

Per curiam.

NOT FOR PUBLICATION WITHOUT THE APPROVAL OF THE APPELLATE DIVISION

Submitted January 12, 2010

Before Judges Grall and Messano.

Defendant Kenneth Perkins appeals from the judgment of conviction and sentence imposed following a jury trial at which he was found guilty of third-degree possession of cocaine, N.J.S.A. 2C:35-10(a)(1); third-degree possession of cocaine with intent to distribute, N.J.S.A. 2C:35-5(a)(1) and 2C:35-5(b)(3); and third-degree distribution of cocaine, N.J.S.A. 2C:35-5(a)(1) and 2C:35-5(b)(3).*fn1 Defendant, who was eligible for an extended term pursuant to N.J.S.A. 2C:43-6(f), was sentenced to eight years in prison with a four-year period of parole ineligibility.

He raises the following arguments on appeal:

POINT I

IT WAS ERROR TO DENY DEFENDANT'S MOTIONS FOR JUDGMENT OF ACQUITTAL.

POINT II

IT WAS ERROR TO ADMIT THE CDS AND THE MUG SHOTS INTO EVIDENCE BECAUSE THEY WERE IRRELEVANT, NOT PROBATIVE IN THE ABSENCE OF ANY LINK TO DEFENDANT AND HIGHLY PREJUDICIAL. (Not Raised Below)

POINT III

DEFENDANT WAS DENIED HIS RIGHTS UNDER THE FOURTEENTH AMENDMENT TO THE UNITE[D] STATES CONSTITUTION BY THE GROSS FAILURE OF THE STATE TO CONDUCT A COMPETENT INVESTIGATION, THE RESULTS OF WHICH COULD WELL HAVE VINDICATED APPELLANT.

POINT IV

DEFENDANT'S SENTENCE WAS ...


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