Searching over 5,500,000 cases.


searching
Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.

State v. Hernandez

Decided: October 31, 1978.

STATE OF NEW JERSEY, PLAINTIFF-RESPONDENT,
v.
HECTOR HERNANDEZ, DEFENDANT-APPELLANT



On appeal from Middlesex County Court.

Halpern, Ard and Antell. The opinion of the court was delivered by Halpern, P.J.A.D.

Halpern

Defendant Hector Hernandez and two confederates, Hector Martinez and George Dominguez, were convicted of conspiracy to commit robbery, armed robbery and assault with intent to rob while armed. Defendant's application for a new trial was denied.

The trial judge properly merged the conviction for assault with intent to rob while armed into the armed robbery conviction, and sentenced defendant on the robbery charge to

the Youth Reception and Correctional Center, Yardville, for an indeterminate term with a 15-year maximum. On the armed conviction defendant was given an additional indeterminate term to Yardville with a maximum of 10 years. On the conspiracy conviction he was given an indeterminate term to Yardville. All the sentences imposed were to run concurrently with each other and concurrent to any sentence he was then serving. Defendant alone appeals.

The issues on appeal, as framed by defendant, are:

Point I

On the factual basis of the defendant's involvement in the criminal episode, the crime of conspiracy to commit robbery, N.J.S. 2A:98-1, should be merged with the crime of armed robbery, N.J.S. 2A:141-1, 2A:151-5.

Point II

Prosecutorial comments during summation were clearly improper by suggesting that defendant was: (1) one of two actual assailants; and (2) the murderer of a "60 year old man", when not based on any reasonable inference from the evidence and highly prejudicial.

Point III

The denial of defendant's motion for severance by the trial court, combined with the trial court's failure to instruct the jury on the proper use of evidence applicable to co-defendants, represents ...


Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.