NOT FOR PUBLICATION WITHOUT THE APPROVAL OF THE APPELLATE DIVISION
Submitted October 15, 2013
On appeal from the Superior Court of New Jersey, Law Division, Salem County, Indictment No. 11-02-0074.
Joseph E. Krakora, Public Defender, attorney for appellant (Sylvia M. Orenstein,
Assistant Deputy Public Defender, of counsel and on the brief).
John T. Lenahan, Salem County Prosecutor, attorney for respondent (Joseph Rutala, Assistant Prosecutor, on the brief).
Before Judges Harris and Guadagno.
Tried to a jury, defendant Shaquana M. Walker was convicted of unlawful possession of a handgun. She was sentenced to a five-year term, with no parole eligibility for three years. On appeal, defendant raises the following points:
BECAUSE THE ADMISSION OF FALSE AND HIGHLY PREJUDICIAL EVIDENCE, WHICH SUGGESTED THAT DEFENDANT HAD A PRIOR GUN-POSSESSION CONVICTION, VIOLATED HER RIGHT TO DUE PROCESS AND A FAIR TRIAL, THE JUDGE ABUSED HIS DISCRETION BY FAILING TO ORDER A MISTRIAL SUA SPONTE. U.S. CONST., AMENDS. V AND XIV; N.J. CONST. (1947), ART. I, PARS. 1, 9 AND 10) (NOT RAISED BELOW).
THE FAILURE OF DEFENDANT'S ATTORNEY TO REDACT THE OFFENDING STATEMENT FROM THE VIDEO THAT WAS PLAYED TO THE JURY CONSTITUTED INEFFECTIVE ASSISTANCE OF COUNSEL. U.S. CONST., AMENDS. VI, XIV; N.J. CONST. (1947) ART. I, PAR. 10.
We have considered these arguments in the light of the applicable law and find them unpersuasive.
On May 12, 2010, New Jersey State Troopers Eric Ariza and Daniel Cunning were on patrol at approximately 1:20 a.m., when they spotted a vehicle driven by Marcus Reddick swerving across the center and right lines. The troopers stopped Reddick's vehicle and, after conducting field sobriety tests, determined he was intoxicated. Reddick was arrested and placed in the troopers' car.
Trooper Cunning then questioned defendant who was sitting in the front passenger seat. When he learned that she had an outstanding warrant, Trooper Cunning asked defendant to get out of the car and placed her under arrest. After handcuffing her, Cunning noticed defendant had a handgun in the waistband of her pants. He removed the gun and handed it to Ariza who secured it in the trunk of the troopers' car. Defendant told Cunning the gun belonged to Reddick. Defendant and Reddick were transported to the trooper barracks where they were both interviewed. Defendant ...