NOT FOR PUBLICATION WITHOUT THE APPROVAL OF THE APPELLATE DIVISION
Argued October 9, 2013
On appeal from the Superior Court of New Jersey, Law Division, Atlantic County, Indictment No. 10-03-0691.
Jason A. Coe, Assistant Deputy Public Defender, argued the cause for appellant (Joseph E. Krakora, Public Defender, attorney; Mr. Coe, of counsel and on the briefs).
Emily R. Anderson, Deputy Attorney General, argued the cause for respondent (John J. Hoffman, Acting Attorney General, attorney; Ms. Anderson, of counsel and on the brief).
Appellant filed a pro se supplemental brief.
Before Judges Simonelli, Fasciale and Haas.
A jury found defendant Sellers Ingram guilty of first-degree aggravated manslaughter, N.J.S.A. 2C:11-4a, as a lesser-included offense of first-degree murder, N.J.S.A. 2C:11-3a(1) or (2) (count one); two counts of second-degree unlawful possession of a weapon, N.J.S.A. 2C:39-5b (counts two and five); second-degree possession of a weapon for an unlawful purpose, N.J.S.A. 2C:39-4a (count three); and third-degree receiving stolen property, N.J.S.A. 2C:20-7 (count seven). In a bifurcated proceeding, the trial judge found defendant guilty of two counts of second-degree certain persons not to have weapons, N.J.S.A. 2C:39-7 (counts four and six). The judge denied defendant's post-trial motions for a judgment of acquittal or a new trial, and imposed an aggregate fifty-eight year term of imprisonment with a forty-seven and one-half year period of parole ineligibility pursuant to the No Early Release Act (NERA), N.J.S.A. 2C:43-7.2. This appeal followed.
On appeal, defendant's assigned counsel raises the following arguments:
ALLOWING THE VIDEO RECORDING OF [DEFENDANT'S] POST-ARREST INTERVIEW INTO THE JURY ROOM DURING DELIBERATIONS WAS STRUCTURAL ERROR BECAUSE IT DEPRIVED HIM OF HIS RIGHT TO BE PRESENT DURING A CRITICAL STAGE OF TRIAL. (Not raised below).
A. Allowing [Defendant's] Videotaped Statement Into The Jury Room Deprived Him Of His Right To Be Present At A Critical Stage Of Trial.
B. Allowing [Defendant's] Videotaped Statement Into The Jury Room Was Also Prejudicial Error Which Deprived Him Of A Fair Trial.
THE STATE'S USE OF AUTOPSY PHOTOS AND BLOODY CLOTHING WAS UNDULY PREJUDICIAL AND DEPRIVED [DEFENDANT] OF HIS RIGHT TO A FAIR TRIAL.
THE TRIAL COURT'S SENTENCE VIOLATED DOUBLE JEOPARDY PRINCIPLES AND IMPOSED CONSECUTIVE PRISON TERMS BASED ON A FLAWED YARBOUGH ANALYSIS.
A. The Trial Court's Failure To Merge The Weapons-Related Offenses At Sentencing Violated Principles Of Double Jeopardy.
B. The Trial Court's Yarbough Analysis Was Flawed And Must Be Reconsidered In Light Of The Failure To ...