NOT FOR PUBLICATION WITHOUT THE APPROVAL OF THE APPELLATE DIVISION
Submitted March 4, 2013
On appeal from Superior Court of New Jersey, Law Division, Burlington County, Indictment No. 09-02-0119.
Joseph E. Krakora, Public Defender, attorney for appellant (Suzannah Brown, Designated Counsel, on the brief).
Robert D. Bernardi, Burlington County Prosecutor, attorney for respondent (Jennifer B. Paszkiewicz, Assistant Prosecutor, of counsel and on the brief).
Before Judges Graves and Ashrafi.
In a two-count indictment, defendant Erick R. Gentner was charged with third-degree residential burglary, N.J.S.A. 2C:18-2(a)(1) (count one); and third-degree receiving stolen property, N.J.S.A. 2C:20-7(a) (count two). At trial, the court granted the State's motion to amend count two of the indictment to third-degree theft by unlawful taking, N.J.S.A. 2C:20-3(a). The jury convicted defendant of both counts.
At sentencing on October 8, 2010, the court identified two aggravating factors: the risk defendant will commit another offense, N.J.S.A. 2C:44-1(a)(3); and the need to deter defendant and others from violating the law, N.J.S.A. 2C:44-1(a)(9). The court additionally identified two mitigating factors: there were substantial grounds to excuse or justify defendant's conduct, N.J.S.A. 2C:44-1(b)(4); and the defendant was willing to make restitution, N.J.S.A. 2C:44-1(b)(6). After merging count two into count one, the court sentenced defendant to a three-year prison term.
Defendant presents the following arguments on appeal:
THE TRIAL COURT ERRED IN DENYING MR. GENTNER'S MOTION TO SUPPRESS HIS STATEMENT.
THE TRIAL COURT ERRED IN DENYING MR. GENTNER'S MOTION TO ...