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State v. Dawes

March 9, 2010

STATE OF NEW JERSEY, PLAINTIFF-RESPONDENT,
v.
HAROLD DAWES, A/K/A SHAKIL DAWES, SHAKIL DOWES, DEFENDANT-APPELLANT.



On appeal from the Superior Court of New Jersey, Law Division, Essex County, Indictment No. 07-01-0255.

Per curiam.

NOT FOR PUBLICATION WITHOUT THE APPROVAL OF THE APPELLATE DIVISION

Submitted January 25, 2010

Before Judges Lisa, Baxter and Alvarez.

The jury convicted defendant of all three counts in the indictment: (1) first-degree armed robbery, N.J.S.A. 2C:15-1;

(2) third-degree unlawful possession of a handgun without a permit, N.J.S.A. 2C:39-5b; and (3) second-degree possession of a handgun for an unlawful purpose, N.J.S.A. 2C:39-4a. After merging count three with count one, Judge Sivilli sentenced defendant on count one to sixteen years imprisonment, subject to an 85% parole disqualifier and five years parole supervision pursuant to the No Early Release Act, N.J.S.A. 2C:43-7.2. The judge imposed a concurrent five-year term on count two. On appeal, defendant argues:

POINT ONE THE TRIAL COURT VIOLATED DEFENDANT'S CONSTITUTIONAL RIGHTS OF CONFRONTATION, COMPULSORY PROCESS, DUE PROCESS AND FUNDAMENTAL FAIRNESS BY UNDULY LIMITING HIS CROSS-EXAMINATION OF THE VICTIM.

THE REQUEST FOR LEWIS'S JUVENILE RECORD OTHER IMPROPER LIMITATIONS ON CROSS-EXAMINATION PREJUDICE

POINT TWO THE TRIAL COURT ERRED IN DENYING DEFENDANT'S MOTION TO SUPPRESS THE PRETRIAL SHOW-UP IDENTIFICATION MADE BY THE VICTIM MARQUES LEWIS.

STANDARD OF REVIEW

THE TRIAL COURT DID NOT PROPERLY WEIGH THE RELEVANT FACTORS.

A NEW STANDARD IS REQUIRED.

POINT THREE DEFENDANT'S SENTENCE WAS MANIFESTLY EXCESSIVE, UNDULY PUNITIVE AND THE COURT IMPROPERLY BALANCED AGGRAVATING AND ...


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