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State v. Lugo

September 1, 2010

STATE OF NEW JERSEY, PLAINTIFF-RESPONDENT,
v.
BOBBY LUGO, DEFENDANT-APPELLANT.



On appeal from the Superior Court of New Jersey, Law Division, Atlantic County, Indictment No. 08-02-0511.

Per curiam.

NOT FOR PUBLICATION WITHOUT THE APPROVAL OF THE APPELLATE DIVISION

Submitted May 25, 2010

Before Judges Grall and LeWinn.

Defendant was indicted on three counts of third-degree possession of a controlled dangerous substance in violation of N.J.S.A. 2C:35-10(a)(1); and two counts of third-degree possession of controlled dangerous substances with intent to distribute, N.J.S.A. 2C:35-5(a)(1), 2C:35-5(b)(3) and 2C:35-5(b)(13). Defendant moved to suppress the evidence and, following a hearing on June 18, 2008, the trial judge denied his motion.

On November 6, 2008, pursuant to a negotiated plea agreement, defendant pled guilty to third-degree possession of heroin with intent to distribute. On that same date, the trial judge sentenced defendant, in accordance with the plea agreement, to a six-year term of imprisonment with a three-year parole ineligibility period concurrent to the sentence defendant was then serving, and suspension of defendant's driving privileges for twenty-four months.

Defendant now appeals, raising the following issues:

POINT I

THE DEFENDANT'S RIGHT TO BE FREE FROM UNREASONABLE SEARCHES AND SEIZURE [SIC] AS GUARANTEED BY THE FOURTH AMENDMENT TO THE UNITED STATES CONSTITUTION AND ART. 1, PAR. 7 OF THE NEW JERSEY CONSTITUTION WAS VIOLATED

A. THE STATE FAILED TO PROVE THAT THE STRIP SEARCH OF THE DEFENDANT WAS LAWFUL

B. THE ADMISSION OF ILLEGALLY SEIZED EVIDENCE CANNOT BE JUSTIFIED BY THE INEVITABLE DISCOVERY EXCEPTION TO THE EXCLUSIONARY RULE

POINT II

THE SENTENCE IS EXCESSIVE: THE TRIAL COURT IMPROPERLY BALANCED THE AGGRAVATING AND MITIGATING FACTORS.

Having reviewed these contentions in light of the record and the controlling legal ...


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