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State v. Addison

March 31, 2010

STATE OF NEW JERSEY, PLAINTIFF-RESPONDENT,
v.
JAMAAL R. ADDISON, DEFENDANT-APPELLANT.



On appeal from Superior Court of New Jersey, Law Division, Mercer County, Indictment No. 07-05-0604.

Per curiam.

NOT FOR PUBLICATION WITHOUT THE APPROVAL OF THE APPELLATE DIVISION

Submitted March 3, 2010

Before Judges Miniman and Waugh.

Defendant Jamaal Addison appeals his conviction for violation of N.J.S.A. 2C:39-7(b), certain persons not to possess a firearm, which is a second degree offense.*fn1 He also appeals the resulting sentence of twelve years of incarceration with a mandatory six-year period of parole ineligibility, based upon an extended term pursuant to N.J.S.A. 2C:44-3(a). We affirm the conviction, but remand for reconsideration of the sentence.

I.

We discern the following facts from the record.

Between 8:45 and 9:00 p.m. on November 13, 2006, Trenton Police Officers Brian Jones and Lino Rosario were on patrol in a marked police car when they were dispatched to investigate a reported verbal dispute on Wall Street in the northern part of Trenton. At trial, Jones testified that, as he pulled up to the location, he observed Addison facing the house with his back to the street. Addison was holding a revolver in his hand and yelling into the house. According to Jones, the patrol car pulled up to within twenty feet of Addison. When Addison saw the officers, he ran away from them, around the house towards the backyard of the residence. Jones and Rosario proceeded to chase Addison.

Jones further testified that, at the rear left corner of the house, he observed a silver handgun lying on the ground approximately two or three feet from the corner of the house. He picked up the gun, secured it, and continued after Addison, who was running around to the front of the house.*fn2 As he arrived at the front of the house, Jones observed Addison go into the house. The two officers followed. Once in the house, Jones observed Addison, about halfway up the stairs, yelling at a female at the top of the stairs.

Jones testified that Rosario went up the stairs, grabbed Addison, and pulled him down the stairs. Jones observed Rosario place Addison against the wall to perform a pat/frisk to make sure that he had no weapons on him. None were found. After some resistance, Addison was eventually handcuffed and placed in the back of the patrol car.

According to Rosario's testimony, he had also observed Addison with a gun in his hand, standing in front of the Wall Street house, pointing at someone in the doorway. Rosario, like Jones, testified that Addison ran away from them, that he and Jones followed him to the rear of the house, and that they located a gun at the rear corner of the house on the ground. Rosario confirmed that they proceeded around to the front of the house, followed the suspect inside, and effectuated the arrest.

Addison presented the testimony of Trenton Police Officer Noriel Pena. Pena testified that on November 13, 2006, he was a dispatcher for the City of Trenton police department, and that on the date in question he issued a dispatch for a domestic dispute on Wall Street. Pena reviewed the Computer Aided Dispatch log (CAD log) for the evening of November 13, 2006, and testified to the following entries: 20:49 and 4 seconds, "some type of verbal dispute"; and 20:50 "going on, can hear argument in the background." Officer Pena further testified,

[T]here's a discrepancy here. Between 20:56 -- next line down is 20:56 and 30 seconds.

It says, "male heading toward Monmouth"... last seen wearing "blue ...


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