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State v. Summers

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NOT FOR PUBLICATION WITHOUT THE APPROVAL OF THE APPELLATE DIVISION

Submitted: March 25, 2002

An Atlantic County grand jury returned Indictment No. 99-5-850 charging defendant David Summers as follows: third-degree unlawful possession of a controlled dangerous substance, cocaine, N.J.S.A. 2C:35-10(a)(1) (count one); third-degree possession of a controlled dangerous substance, cocaine, with the intent to distribute, N.J.S.A. 2C:35-5(a)(1), (b)(3) (count two); third-degree distribution of a controlled dangerous substance, cocaine, N.J.S.A. 2C:35(5)(a)(1), (b)(3) (count three); second-degree possession of a controlled dangerous substance, cocaine, with the intent to distribute within 500 feet of a public housing facility, public park, or public building, N.J.S.A. 2C:35-7.1 (count four); second- degree distribution of a controlled dangerous substance, cocaine, within 500 feet of a public housing facility, public park, or public building, N.J.S.A. 2C:35-7.1 (count five); and fourth-degree use of a remotely activated paging device while engaged in the commission of, or an attempt to commit, or flight after committing or attempting to commit an offense enumerated in Chapter 35 of Title 2C, N.J.S.A. 2C:33-20 (count six).

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