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State ex rel J.B., Case No. A-2228-08T4 (N.J. Ct. App.; Sept. 27, 2010)

State ex rel J.B., Case No. A-2228-08T4 (N.J. Ct. App.; Sept. 27, 2010)

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Court admits Google Earth evidence, but only for demonstrative purposes.
Court admits Google Earth evidence, but only for demonstrative purposes.

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Published by: Venkat Balasubramani on Nov 29, 2010
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11/29/2010

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RECORD IMPOUNDED
NOT FOR PUBLICATION WITHOUT THEAPPROVAL OF THE APPELLATE DIVISIONSUPERIOR COURT OF NEW JERSEYAPPELLATE DIVISIONDOCKET NO. A-2228-08T4STATE OF NEW JERSEY IN THEINTEREST OF J.B., a minor. ______________________________________________Submitted September 15, 2010 -DecidedBefore Judges Cuff, Fisher and Fasciale.On appeal from the Superior Court of NewJersey, Chancery Division,Family Part,Sussex County, Docket Nos. FJ-19-337-08, FJ-19-439-08, FJ-19-496-08, FJ-19-622-08, andFJ-19-502-08.John A. Albright, attorney for appellant,minorJ.B.David J. Weaver, Sussex County Prosecutor,attorney for respondent State of New Jersey(JeromeP.Neidhardt, Assistant Prosecutor,on the brief).PER CURIAMJ.B., a juvenile, was adjudicated delinquent for havingengaged in conduct which, if engaged in by an adult, would haveconstituted burglary, robbery, and trafficking in stolenproperty. In this appeal, the juvenile argues the trial judgeerred in admitting the out-of-court statements of twoindividuals involved in the offenses and in admitting GoogleEarth maps to prove the juvenile's whereabouts at the time ofSeptember 27, 2010
 
A-2228-08T4
2the burglary. The juvenile also argues the imposition of fourconsecutive sixty-day terms in a juvenile detention facility wasexcessive.
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Finding no error or abuse of discretion, we affirm.IThe evidence adduced at trial revealed that, on October 24,2007, the juvenile skipped school and spent the day with twofriends, Clinton Mohn and Anthony Williams, as well as hisgirlfriend, A.S.
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The group drove around in Mohn's car for mostof the day before the juvenile was returned to his home ataround 11:00 p.m. After a briefverbal argument with hismother, the juvenile went to his room upstairs and logged ontohis computer, spending a few minutes accessing social networkingsites.According to Mohn and Williams, who both testified attrial, they met with the juvenile after he slipped out of his
1
Specifically, the juvenile wasfound in this matter to haveengaged in acts which, if committed by an adult, wouldconstitute: third-degree burglary, N.J.S.A.2C:18-2(a)(1);third-degree theft, N.J.S.A.2C:20-3(a); and trafficking instolen property, N.J.S.A.2C:20-7.1(b). While awaitingdisposition, he pled guilty to three additional offenses: aviolation of probation, N.J.S.A.2C:45-3; third-degreepossession of a controlled dangerous substance, N.J.S.A.2C:35-10(a); and harassment, N.J.S.A.2C:33-4(b). The four consecutivesixty-dayterms were imposed on adjudications of delinquency inthis matter as well as the others referred to above.
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Mohn and Williams were adults at the time; J.B. and hisgirlfriend were juveniles.
 
A-2228-08T4
3house at around 11:45 p.m. that night. After driving aroundtown for about an hour, Mohn suggested burglarizing the home ofa friend, Alex Witzl, who was away at college. Williamsapparently liked the idea; the juvenile was also "up for it."According to Mohn and Williams, the three arrived at the Witzlresidence at approximately 12:30 a.m., broke into the residence,and stole various items, including a jar of coins, a samuraisword collection, and a laptop. Mohn and Williams testified thejuvenile remained in their company for several hours thereafter,as they drove around town looking for places to hide the stolenproperty. During this time, they visited the home of a friend,Omar Abhoulson, who testified the juvenile was present duringthis visit.According to Mohn and Williams, the juvenile was returnedhome at around 3:00 a.m. A few hours later, the juvenile calledMohn seeking a ride to school. Mohn arrived at the juvenile'shome at around 7:00 a.m., and drove him to school. However,after smoking a cigarette in the parking lot, the juveniledecided to skip school, and he, Mohn and Williams spent most ofthe day driving around town trying to sell the stolen swords.
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Defense counsel attempted to discredit Mohn and Williams,suggesting during cross-examination several inconsistencies
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They succeeded in selling two of the swords to one of Mohn'sfriends.

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