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State v. Thomas

May 14, 2010

STATE OF NEW JERSEY, PLAINTIFF-RESPONDENT,
v.
LEE DAWN TROUTWINE THOMAS, DEFENDANT-APPELLANT.



On appeal from the Superior Court of New Jersey, Law Division, Monmouth County, Indictment No. 07-07-1598.

Per curiam.

NOT FOR PUBLICATION WITHOUT THE APPROVAL OF THE APPELLATE DIVISION

Argued April 19, 2010

Before Judges Lisa and Alvarez.

After defendant's motions to suppress physical evidence and evidence of his wiretapped conversations were denied, he pled guilty to first-degree armed robbery. In accordance with the recommendation in the plea agreement, he was sentenced to twelve years imprisonment subject to an 85% parole disqualifier and five years parole supervision as required by the No Early Release Act, N.J.S.A. 2C:43-7.2. In the appellate brief filed by his attorney, defendant presents the following arguments:

POINT I

THE DEFENDANT'S ARREST WAS THE RESULT OF AN UNLAWFUL DETENTION, AND HIS SUBSEQUENT CONVICTION WAS ACCORDINGLY IMPROPER. U.S. CONST., AMENDS. IV, XIV; N.J. CONST. (1947), ART. 1, PAR. 7.

POINT II

TELEPHONE CALLS MADE FROM THE JAIL WHICH WERE FORWARDED TO A DETECTIVE VIA THE PURPORTED AUTHORIZATION OF A GRAND JURY SUBPOENA WERE ILLEGALLY SEIZED, NECESSITATING SUPPRESSION. U.S. CONST., AMENDS. IV, XIV; N.J. CONST. (1947), ART. 1, PAR. 7.

POINT III

THE TRIAL COURT IMPOSED AN EXCESSIVE SENTENCE, NECESSITATING REDUCTION.

In a supplemental pro se brief dated June 25, 2009 and filed

June 26, 2009, defendant presents the following argument:

POINT I

INVESTIGATOR LESTER OSBORNE WAS REQUIRED TO ISSUE A SUBPOENA IN ORDER TO OBTAIN THE DEFENDANT'S INMATE CALLS FROM GLOBAL - TEL -LINK, PRIOR TO DISCLOSING THE CONTENTS OF THOSE RECORDINGS TO DET. WILBERT OF THE PROSECUTOR'S OFFICE, IN THAT INVESTIGATOR LESTER OSBORNE HAD NO PARTICIPATORY INTEREST IN THE MONITORING OR RECORDING OF THOSE COMMUNICATIONS, ON EQUIPMENT EXEMPT UNDER N.J.S.A. 2A:156A-2(d)(1). U.S. CONST. AMEND. IV; N.J. CONST. ART. 1, PAR. 7.

In an additional pro se supplemental brief dated March 1, 2010 and filed March 23, 2010, defendant presents the following arguments:

POINT I

INVESTIGATOR LESTER OSBORNE (A JAIL OFFICIAL) WAS REQUIRED TO OBTAIN A WARRANT OR TRIAL SUBPOENA, BEFORE SEIZING THE DEFENDANTS [SIC] STORED RECORDINGS FROM GLOBAL-TEL-LINK. U.S. ...


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