Call Now For Help

732.580.1237

NJ Judge Failed to Charge Jury With Elements of Attempt

05
Aug
2010

by in Criminal Defense

State v. Hakim Y. Spencer, unpublished opinion, App. Div. Docket No. A-3374-07T2 (June 9, 2010) – Convictions for robbery and weapons possession reversed.

“We reverse the conviction on the case tried to a jury because of the judge’s failure to properly charge attempted theft…. Because defendant did not actually succeed in stealing any money, the first question the jury had to resolve to find defendant guilty of robbery was whether he attempted to commit a theft. Of course, a jury could infer such an attempt from defendant’s conduct and his demand for money from the manager. To make that inference, however, the jury would have to consider and apply the relevant elements of the offense of attempt…. In State v. Gonzalez, 318 N.J. Super. 527 (App. Div. 1999), abrogated on other grounds, State v. Hill, 199 N.J. 545, 566 (2009), the court was, as we are now, confronted with a plain error argument based on the trial court’s failure to define attempt in accordance with the statute in a case in which the State had to prove robbery and there was no theft…. In the instant case, as in Gonzalez, the primary defense was nonparticipation. More significantly, the opinion in Gonzalez did not turn on there being a factual question as to whether or when the perpetrator became armed; rather, it merely mentioned that during the attack a weapon was offered to the perpetrator. The point of Gonzalez is that plain error occurs when the State must prove attempt and the judge fails to charge the requisite elements.”

LOCATIONS

*ALL LOCATIONS BY APPOINTMENT ONLY*

CALL NOW FOR HELP

732.580.1237

CONNECT WITH US

*No aspect of this advertisement has been approved by the Supreme Court of New Jersey | Rating Methodology | Disclaimer | Privacy Policy
The information contained in on this website is for general information purposes only. The information is provided by The Law Offices of Anthony J. Vecchio and while we endeavor to keep the information up to date and correct, we make no representations or warranties of any kind, express or implied, about the completeness, accuracy, reliability, suitability or availability with respect to The Law Offices of Anthony J. Vecchio or the information, products, or services contained on www.anthonyvecchiolaw.com for any purpose. Any reliance you place on such information is therefore strictly at your own risk.
The results of verdicts and settlements mentioned herein are not typical. Case results depend upon a variety of factors unique to each case. Case results do not guarantee or predict a similar result in any future case.

Site by Consultwebs.com: Law Firm Website Designers / Criminal Defense/DWI Lawyer Marketing.