Pennsauken man convicted of robbing stores at 19 must serve 37-year prison sentence
An appeals court has denied a request for resentencing from a man serving a 37-year prison term for a robbery spree in Cherry Hill.
The ruling rejected an argument from Andrew E. Johnson Jr., formerly of Pennsauken, that his sentence was cruel and unusual punishment.
Johnson and two friends robbed a 7-Eleven in Cherry Hill on the night of Aug. 2, 2012, and held up a Wendy’s in Pennsauken hours later, authorities said.
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A robbery attempt three days later at a 7-Eleven in Cherry Hill was foiled when a clerk set off an alarm and locked the front door before they could enter.
Two Pennsauken men — Jarell Marson, then 24, and Ricardo Rivera Jr., then 22 — were arrested after a short police chase.
Accomplices became witnesses
Both entered guilty pleas and agreed to testify against Johnson, who had allegedly fled from the car, the appellate ruling said.
Marson told jurors he carried a metal pipe and Johnson had a gun during the holdups, and that both struck a clerk during the first holdup, according to the ruling says.
Rivera was the getaway driver.
Marson received a 12-year prison term and Rivera got a nine-year sentence.
Johnson was found guilty at trial of armed robbery and conspiracy to commit armed robbery, as well as other crimes.
He received consecutive terms of 15 years for each robbery and a seven-year term for the conspiracy charge. He must serve more than 31 years before parole eligibility.
Court: Defendant's age can be a factor
Johnson also sought resentencing because a Camden County judge did not consider his age — 19 at the time of the offenses — as a mitigating factor when imposing the consecutive terms.
But the appeals court only ordered the lower-court judge to include an “explicit fairness statement” as part of Johnson’s existing sentence.
The two-judge panel said a defendant's age "can and should be" a factor in assessing fairness, but “it cannot alone drive the outcome.”
It noted the fairness statement was intended to promote "uniformity, predictability and proportionality" in cases that involve consecutive sentences, adding such explanations could "facilitate" an appellate review.
Jim Walsh is a senior reporter for the Courier-Post, Burlington County Times and The Daily Journal.
This article originally appeared on Cherry Hill Courier-Post: Robberies bring long prison term, and an appeal, for Pennsauken man
