NOT FOR PUBLICATION WITHOUT THE APPROVAL OF THE APPELLATE DIVISION
Submitted October 29, 2013
On appeal from the Superior Court of New Jersey, Law Division, Mercer County, Indictment No. 08-10-0885.
Joseph E. Krakora, Public Defender, attorney for appellant (John A. Albright, Designated Counsel, on the brief).
Joseph L. Bocchini, Jr., Mercer County Prosecutor, attorney for respondent (Jennifer M. Eugene, Assistant Prosecutor, of counsel and on the brief).
Defendant filed a supplemental pro se brief.
Before Judges Fisher and Espinosa.
On April 9, 2008, defendant Kalief Bethea (defendant) and two others – defendants Chadrick Mighty and Davon Leonard – entered a Trenton residence with the intent to commit a robbery; defendant Leonard was armed. A fourth defendant, Michael Wimbush, arranged for the residence's door to be unlocked. On October 14, 2008, defendant was indicted and charged with, among other things, first-degree robbery, N.J.S.A. 2C:15-1.
On January 10, 2011, defendant moved to dismiss the indictment, arguing a violation of the Interstate Agreement on Detainers (IAD), N.J.S.A. 2A:159A-1 to -15, and due process principles. The motion was denied. Defendant thereafter entered a guilty plea to first-degree armed robbery, and the judge sentenced him to an eight-year prison term with an eighty-five percent period of parole disqualification pursuant to the No Early Release Act.
Defendant appeals, arguing:
I. THE COURT ERRED IN DENYING DEFENDANT'S MOTION TO DISMISS THE INDICTMENT (Partially Raised Below).
A. The Indictment Should Have Been Dismissed On Speedy Trial Grounds.
B. The Court's Failure To Resolve The Factual Issue Of When The Detainer Was Actually Lodged In Pennsylvania Potentially Leaves The Defendant With A Right Under The ...