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State v. Prewitt

Decided: March 29, 1974.

STATE OF NEW JERSEY, PLAINTIFF-RESPONDENT,
v.
CLARENCE EDWARD PREWITT, DEFENDANT-APPELLANT



Conford, Handler and Meanor. The opinion of the court was delivered by Meanor, J.A.D.

Meanor

Defendant was indicted in six counts as follows:

Count I: attempted breaking and entering with intent to steal while armed, contrary to N.J.S.A. 2A:94-1, 2A:85-5 and 2A:151-5;

Count II: possession of a pistol without a permit, contrary to N.J.S.A. 2A:151-41.

Count III: resisting arrest, contrary to N.J.S.A. 2A:85-1;

Count IV: assault with intent to kill while armed, contrary to N.J.S.A. 2A:90-2 and 2A:151-5;

Count V: possession of burglary tools, contrary to N.J.S.A. 2A:94-3, and

Count VI: assault with an offensive weapon, namely, a pistol, contrary to N.J.S.A. 2A:90-3.

Defendant pleaded guilty to counts one through four. There was no recommendation save that counts V and VI would be dismissed at the time of sentence. The sentences were as follows:

Count IV: for assault with intent to kill, ten-year indeterminate term at the Youth Correctional Institution Complex and a consecutive five-year indeterminate term because of the commission of the offense while armed, N.J.S.A. 2A:151-5.

Count I: for attempted breaking and entering with intent to steal, a three-year indeterminate term at the same institution and, because of the commission of the offense while armed, another three-year indeterminate term, these sentences to be ...


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