NOT FOR PUBLICATION WITHOUT THE APPROVAL OF THE APPELLATE DIVISION
Submitted April 8, 2013
On appeal from the Superior Court of New Jersey, Law Division, Ocean County, Indictment No. 09-05-0802.
Joseph E. Krakora, Public Defender, attorney for appellant (Robert L. Sloan, Assistant Deputy Public Defender, of counsel and on the brief).
Jeffrey S. Chiesa, Attorney General, attorney for respondent (Teresa A. Blair, Deputy Attorney General, of counsel and on the brief).
Before Judges Fasciale and Maven.
After pleading guilty, defendant Mark'quet Stevenson appeals from his convictions for two counts of first-degree robbery, contrary to N.J.S.A. 2C:15-1; second-degree burglary, contrary to N.J.S.A. 2C:18-2; and three counts of second-degree possession of a firearm by a convicted person, contrary to N.J.S.A. 2C:39-7(b). An aggregate term of eighteen years' imprisonment, subject to the No Early Release Act (NERA), N.J.S.A. 2C:43-7.2, was imposed along with the mandatory fines and penalties.
On appeal, defendant contends:
I. BECAUSE DEFENDANT'S POLICE STATEMENTS WERE NOT FREE AND VOLUNTARY, THEIR ADMISSION VIOLATED HIS PRIVILEGE AGAINST SELF-INCRIMINATION AND HIS RIGHT TO DUE PROCESS OF LAW. U.S. CONST. AMENDS. V, XIV; N.J. CONST. (1947) ART I. PARS. 1, 9, 10.
II. DEFENDANT'S SENTENCE IS MANIFESTLY EXCESSIVE.
We have considered these contentions in light of the record and applicable law. As to Point I, defendant claims that his statement to police was induced by knowingly false representations by the investigating officer that his cooperation concerning multiple charges of robbery could result in his release on $10, 000 with ten percent bail. We disagree.
According to the transcript of the Miranda hearing, Detective Daniel Tworkoski of the Lakewood Police Department was investigating armed robberies of two grocery stores in Lakewood. These robberies were recorded on the stores' surveillance videos showing the robberies in progress. In the course of those investigations, Tworkoski became involved in an investigation of an armed robbery ...