On appeal from the Superior Court of New Jersey, Law Division, Monmouth County, Indictment No. 09-02-0252.
NOT FOR PUBLICATION WITHOUT THE APPROVAL OF THE APPELLATE DIVISION
Submitted September 27, 2011
Before Judges Reisner and Simonelli.
After the police found a handgun on the rear floor of a car in which he was the back seat passenger, defendant Charles C. Barnes was convicted of second-degree unlawful possession of a weapon, N.J.S.A. 2C:39-5b and N.J.S.A. 2C:58-4. He was sentenced to seven years in prison with a three-year parole bar.
On this appeal, defendant raises the following points of argument for our consideration:
POINT I: THE TRIAL COURT ERRED IN NOT GRANTING DEFENDANT'S MOTION TO SUPPRESS THE HANDGUN SEIZED BY NEPTUNE POLICE OFFICER BRYCE BYHAM ON SEPTEMBER 13, 2008, BECAUSE THE POLICE SEIZED THE GUN AFTER ORDERING DEFENDANT OUT OF THE HONDA CRV AND IN A WARRANTLESS SEARCH OF THE SAME VEHICLE IN VIOLATION OF DEFENDANT'S FOURTH AMENDMENT RIGHTS.
A. The Trial Court Should Have Granted Defendant's Motion To Suppress The Handgun Under The Fruit Of The Poisonous Tree Doctrine.
B. The Trial Court Should Have Granted Defendant's Motion To Suppress The Handgun Because Officer Byham's Warrantless Search And Seizure Of The Handgun Cannot Be Justified Under The "Plain View" Exception To The Warrant Requirement.
POINT II: THE TRIAL COURT ERRED IN NOT GRANTING DEFENDANT'S MOTION FOR A DIRECTED VERDICT IN VIOLATION OF THE DEFENDANT'S RIGHTS UNDER R. 3:18-1.
POINT III: THE TRIAL COURT ERRED IN NOT GRANTING DEFENDANT'S MOTION TO APPEAR PRO SE.
POINT IV: THE SEVEN (7) YEAR SENTENCE IMPOSED BY THE TRIAL COURT ON THE DEFENDANT'S CONVICTION FOR VIOLATING N.J.S.A. 2C:58-4 AND 2C:39-5b WAS MANIFESTLY EXCESSIVE AND VIOLATED THE DEFENDANT'S CONSTITUTIONAL RIGHTS.
Finding no merit in any of these contentions, we affirm the ...