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State of New Jersey v. Jamie C. Wallace

July 13, 2012

STATE OF NEW JERSEY, PLAINTIFF-RESPONDENT,
v.
JAMIE C. WALLACE, DEFENDANT-APPELLANT.



On appeal from the Superior Court of New Jersey, Law Division, Cumberland County, Indictment No. 07-07-0620.

Per curiam.

NOT FOR PUBLICATION WITHOUT THE APPROVAL OF THE APPELLATE DIVISION

Submitted September 12, 2011

Before Judges A. A. Rodriguez and Fasciale.

Following a jury trial defendant, Jamie C. Wallace, was convicted of three counts of first-degree armed robbery, N.J.S.A. 2C:15-1a; third-degree resisting arrest, N.J.S.A. 2C:29-2a(1); and fourth-degree resisting arrest, N.J.S.A. 2C:29-2a(2). Judge Robert P. Becker, Jr., granted the State's motion to impose an extended term. He sentenced defendant to a term of imprisonment aggregating to life without parole, and a NERA*fn1 parole disqualifier. We affirm defendant's conviction and sentence.

These are the relevant facts. Defendant was charged with three robberies at three Wawa convenience stores in Vineland during the time span of 11:53 p.m. on April 3, 2007, until 2:03 a.m. on April 4, 2007.

First Incident

Shortly after midnight, Stacey*fn2 was working at a Wawa located on South Oak Street with another employee. A man, later identified as defendant, entered after the other customers in the store had left, and said, "Give me the money in the register." He had his hand in his pocket as if conceling a weapon. She removed the money, put it in a Wawa plastic bag and gave it to him.

Vineland Patrolman Scott O'Neill responded to the store and obtained a surveillance video from the store security camera. He watched the videotape with Stacey.

Stacey then went to police headquarters and selected from a photographic array of six photographs arranged by Vineland Police Detective Chris Rodriguez. Stacey identified defendant's photograph as the person who demanded money from her.

Second Incident

Around 1:45 a.m., Vincent was working at a Wawa store located on Delsea Drive with two other Wawa employees. He saw several individuals in line at the register. One man let everyone else go ahead of him until there were no other customers left. The man, later identified as defendant, placed a pack of Newport cigarettes and a Tastykake on the counter. When Vincent told him the total amount of the purchase, defendant announced that it was a robbery. He told Vincent to open the register and to give him the money. Vincent could not initially understand defendant and asked him to repeat what he said. Defendant started patting his pocket, which indicated to Vincent that he had a gun. Vincent hit the panic button, which placed a call to the police. Defendant asked Vincent, "Did you hit that button?" and ran out of the store, taking the Newport cigarettes and Tastykake with him. Vincent noticed the direction in which defendant ran and asked a co-worker to call the police.

Police Officer Brad Marchesano responded and spoke to Vincent. The two viewed the surveillance videotape depicting the robbery.

Later, Vincent went to police headquarters. Rodriguez showed him the same photographic array that Stacey was presented with. Vincent identified defendant's photograph as the ...


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