State of New Jersey v. Raul Torres

CourtNew Jersey Superior Court Appellate Division
DecidedMarch 20, 2025
DocketA-3269-22/A-3472-22
StatusUnpublished

This text of State of New Jersey v. Raul Torres (State of New Jersey v. Raul Torres) is published on Counsel Stack Legal Research, covering New Jersey Superior Court Appellate Division primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
State of New Jersey v. Raul Torres, (N.J. Ct. App. 2025).

Opinion

NOT FOR PUBLICATION WITHOUT THE APPROVAL OF THE APPELLATE DIVISION This opinion shall not "constitute precedent or be binding upon any court ." Although it is posted on the internet, this opinion is binding only on the parties in the case and its use in other cases is limited. R. 1:36-3.

SUPERIOR COURT OF NEW JERSEY APPELLATE DIVISION DOCKET NO. A-3269-22 A-3472-22

STATE OF NEW JERSEY,

Plaintiff-Respondent,

v.

RAUL TORRES,

Defendant-Appellant. _________________________

CARLOS BURGOS,

Submitted February 10, 2025 – Decided March 20, 2025

Before Judges Gooden Brown and Chase.

On appeal from the Superior Court of New Jersey, Law Division, Bergen County, Indictment No. 19-09-1080. Jennifer N. Sellitti, Public Defender, attorney for appellant in A-3269-22 (Stefan Van Jura, Assistant Deputy Public Defender, of counsel and on the brief).

Jennifer N. Sellitti, Public Defender, attorney for appellant in A-3472-22 (Samuel Carrigan, Assistant Deputy Public Defender, of counsel and on the brief).

Mark Musella, Bergen County Prosecutor, attorney for respondent in A-3269-22 (Deepa S. Y. Jacobs, Assistant Prosecutor, of counsel and on the brief).

Mark Musella, Bergen County Prosecutor, attorney for respondent in A-3472-22 (Jaimee M. Chasmer, Assistant Prosecutor, of counsel and on the brief).

PER CURIAM

In these back-to-back appeals, which we consolidate for purposes of

issuing a single opinion, defendants Raul Torres and Carlos Burgos entered

negotiated guilty pleas to first-degree aggravated manslaughter, first-degree

armed robbery, and related conspiracy and weapons possession offenses. They

were each sentenced to an aggregate thirty-year prison term, subject to the No

Early Release Act (NERA), N.J.S.A. 2C:43-7.2.

The charges stemmed from the shooting death of David Duque-Soto in his

apartment during a robbery planned by defendants and three codefendants.

Except for Torres, all the defendants provided statements to police with varying

accounts of how the plan was hatched. Torres and Burgos both filed motions to

A-3269-22 2 dismiss the indictment, which were denied by the trial court. Torres's motion to

suppress evidence seized from his jail cell with a warrant after law enforcement

suspected his involvement in witness tampering was also denied.

On appeal, in A-3269-22, Torres raises the following arguments for our

consideration:

POINT I

THE TRIAL COURT ERRED IN DENYING DEFENDANT'S MOTION TO SUPPRESS THE EVIDENCE FOUND IN HIS JAIL CELL BECAUSE THE CERTIFICATION SUBMITTED IN SUPPORT OF THE SEARCH WARRANT LACKED SUFFICIENT FACTS TO FIND PROBABLE CAUSE TO BELIEVE THAT HIS JAIL CELL WOULD CONTAIN EVIDENCE OF WITNESS TAMPERING. U.S. CONST. AMEND. IV; N.J. CONST., ART. I, PAR. 7.

POINT II

THE COURT ERRED IN NOT DISMISSING THE INDICTMENT AS DEFECTIVE BECAUSE DETECTIVE KEVIN MATTHEW GAVE IMPROPER AND SPECULATIVE OPINION TESTIMONY, AND BECAUSE IT WAS LATER DISCOVERED THAT HE HAD ENGAGED IN EVIDENCE TAMPERING.

POINT III

THE 30-YEAR NERA SENTENCE IS MANIFESTLY EXCESSIVE AND UNDULY PUNITIVE FOR THIS YOUTHFUL OFFENDER WITH NO CRIMINAL HISTORY.

A-3269-22 3 In A-3472-22, Burgos raises the following arguments for our

THE COURT ERRED IN DENYING DEFENDANT'S MOTION TO DISMISS THE INDICTMENT BECAUSE DETECTIVE KEVIN MATTHEW GAVE IMPROPER AND SPECULATIVE OPINION TESTIMONY BEFORE THE GRAND JURY AND THE STATE FAILED TO PRESENT DEFENDANT'S EXCULPATORY STATEMENT.

A. Detective Matthew Inappropriately Shared His Opinion Speculating About Significant Details Of The Robbery And Shooting.

B. The State Failed To Introduce Burgos's Statement Denying His Involvement And Directly Negating His Guilt.

THE SENTENCE IS EXCESSIVE.

A. Extending Defendant's Long Sentence By Going Above The Midrange And Imposing The Maximum Would Have No Added Deterrent Effect; The Goal Of Deterrence Does Not Support The Maximum Sentence.

B. Because The Age-Crime Curve Demonstrates That The Risk Of Recidivism Declines Dramatically As Age Increases And Is Substantially Lower At The Age That Defendant Will Complete A

A-3269-22 4 Midrange Sentence, The Goal Of Incapacitation Cannot Justify Imposing The Maximum Sentence.

C. The Court Should Have Given More Weight To Burgos As He Appeared Before The Court At Sentencing And Less Weight To The Prosecutor's Recommendation.

We have considered these arguments in light of the record and applicable legal

principles. We reject each of the points raised and affirm.

I.

On September 26, 2019, a Bergen County grand jury returned a twelve-

count indictment charging Torres and Burgos with first-degree robbery, N.J.S.A.

2C:15-1(a)(1) (count one); second-degree conspiracy to commit robbery,

N.J.S.A. 2C:5-2(a)(1) and 2C:15-1(a)(1) (count two); first-degree felony

murder, N.J.S.A. 2C:11-3(a)(3) (count three); first-degree murder, N.J.S.A.

2C:11-3(a)(1) (count four); second-degree possession of a handgun for an

unlawful purpose, N.J.S.A. 2C:39-4(a) (count five); and second-degree unlawful

possession of a handgun, N.J.S.A. 2C:39-5(b) (count six). Torres was also

charged with third-degree unlawful possession of a sawed-off shotgun, N.J.S.A.

2C:39-3(b) (count eleven). Codefendants Lexie Burke, David Martinez, and

Dylan Rodriguez were also charged in the indictment with various offenses.

A-3269-22 5 After defendants' motions to dismiss the indictment and Torres's motion

to suppress evidence seized from his jail cell were denied, Torres and Burgos

entered negotiated guilty pleas to counts one, two, five, and six as well as counts

three and four as amended to charge aggravated manslaughter, N.J.S.A. 2C:11-

4(a)(1). At the respective plea hearings, Torres and Burgos each admitted

conspiring with each other and the other codefendants to rob Duque-Soto, a

suspected drug dealer, in his Fairview apartment on June 29, 2019. To that end,

Torres, Burgos, Burke, and Martinez drove to the victim's apartment after

discussing the plan at a nearby Delta gas station. Rodriguez did not accompany

defendants to the victim's apartment but had participated in the planning of the

robbery. Armed with handguns, Torres and Burgos entered the apartment along

with Burke while Martinez remained in the vehicle to serve as the getaway

driver. While inside the apartment, Torres and Burgos fired their weapons,

fatally wounding Duque-Soto.

Following appropriate mergers, defendants were each sentenced to a

thirty-year prison term, subject to NERA, on count three, and a concurrent five-

year prison term, with a forty-two-month period of parole ineligibility, on count

six, in accordance with the terms of the plea agreement. The trial judge entered

A-3269-22 6 memorializing judgments of conviction on May 25, 2023, and these appeals

followed.

II.

In Point I of Torres's brief, Torres argues that the judge erroneously denied

his motion to suppress the evidence seized from his jail cell "because the

application in support of the search warrant failed to establish probable cause

that the cell would contain evidence of witness tampering" and the warrant "was

executed in an objectively unreasonable manner." 1 We disagree.

On November 2, 2022, Bergen County Prosecutor's Office (BCPO)

Detective Daniel Tanelli submitted a search warrant application to search

Torres's and Rodriguez's cells.2 According to the supporting certification

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