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State v. Ramos

Decided: July 6, 1988.

STATE OF NEW JERSEY, PLAINTIFF-RESPONDENT,
v.
ANGEL RAMOS, DEFENDANT-APPELLANT



On appeal from the Superior Court, Law Division, Union County, whose interlocutory rulings are reported at 203 N.J. Super. 206 and 203 N.J. Super. 197.

Dreier and Ashbey. The opinion of the court was delivered by Ashbey, J.A.D.

Ashbey

Defendant was charged with first-degree aggravated sexual assault, contrary to N.J.S.A. 2C:14-2a and was found guilty of the lesser offense of second-degree sexual assault, N.J.S.A. 2C:14-2b. Following an evaluation by the Adult Diagnostic and Treatment Center at Avenel, defendant was sentenced to a term of seven years to the Center and assessed a $250 penalty made payable to the Violent Crimes Compensation Board.

On appeal defendant contends:

Point I

It was error for the trial court to admit the September 1984, October 5 (October 6), 1984 and October 28, 1984 statements by the victim to her mother in evidence.

Point II

It was error for the trial court to deny defendant's motion for acquittal at the conclusion of the State's case concerning aggravated sexual assault.

Point III

It was error for the trial court to deny defendant's request to charge the lesser offense of lewdness to the jury.

Point IV

The sentence imposed was manifestly excessive and an abuse of the trial court's discretion.

The facts of this case are fully detailed in the two reported Law Division opinions concerning the court's challenged rulings. See State v. Ramos, 203 N.J. Super. 197 (Law Div.1985); State v. ...


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