Pacific Avenue Drug Dealer Loses Appeal

WILDWOOD — A man convicted of dealing drugs too close to a local high school and museum lost a recent appeal.
Morrell Hoyle, 34, of the 3900 block of Pacific Avenue, Wildwood, was sentenced to 15 years in state prison in May 2006 for drug distribution within 1,000 feet of a school, Wildwood High School and drug possession within 500 feet of a public building, the George F. Boyer Historical Museum; as well as other charges.
On March 18, 2005, Wildwood police executed a “knock and announce” search warrant at his apartment and discovered Hoyle kneeling in the bathroom. According to police, he had flushed the toilet, but Detective Ed Ramsey was able to fish seven clear plastic bags of cocaine from the swirling bowl. A search of Hoyle’s apartment also yielded additional cocaine, marijuana and over $1,000 cash.
On Jan. 6 this year, Hoyle raised three arguments on appeal:
• Evidence from the search should have been suppressed because police didn’t knock and announce before smashing his door down with a battering ram.
• The Boyer Museum should not have been considered a public building because it is not publicly operated.
• The 15 year sentence was excessive and unfair.
On March 25, an appeals court denied Hoyle’s appeal. Appellate judges Dorothea Wefing, Joseph Yannotti and Laura LeWinn decided that the trial court did not err on any of the three points.
The judges found testimony from police, who said they announced themselves before knocking the door down, more credible than that of the defense witnesses who said they did not. Regarding the Boyer Museum, which is owned by the city of Wildwood and operated by a private non-profit organization, the appeals court found that it qualified as a public building.
And finally regarding Hoyle’s sentence, they found “in light of defendant’s significant prior criminal record, and his complete failure to comply with the terms of his probation and parole when they were made available to him, his argument lacks sufficient merit to warrant discussion in a written opinion.”
According to the Department of Corrections, Hoyle is serving time in South Woods State Prison in Bridgeton. His projected parole eligibility date is Nov. 29, 2017 and his projected max release date is Jan. 23, 2022.