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State v. Hammond

Decided: March 21, 1989.

STATE OF NEW JERSEY, PLAINTIFF-RESPONDENT,
v.
CHARLES HENRY HAMMOND, DEFENDANT-APPELLANT



On appeal from Superior Court, Law Division, Camden County.

Michels, Long and Muir, Jr. The opinion of the court was delivered by Muir, Jr., J.A.D.

Muir

A jury found defendant guilty of first degree aggravated sexual assault while armed with a hand gun, a violation of N.J.S.A. 2C:14-2a(4) (Count 1); two counts of fourth degree aggravated assault, violations of N.J.S.A. 2C:12-1b(4) (Counts 2 and 8); three counts of third degree terroristic threats, violations of N.J.S.A. 2C:12-3 (Counts 3, 7 and 11); fourth degree criminal coercion, a violation of N.J.S.A. 2C:13-5 (Count 5); possession of a handgun with the purpose to use it unlawfully against a person, a violation of N.J.S.A. 2C:39-4a (Count 6); second degree aggravated assault, a violation of N.J.S.A. 2C:12-1b(1) (Count 9); third degree aggravated assault, a violation of N.J.S.A. 2C:12-1b(2) (Count 10); tampering with a witness, a violation of N.J.S.A. 2C:28-5a (Count 12); and retaliating against a witness, a violation of N.J.S.A. 2C:28-5b (Count 13). Defendant committed the crimes against his paramour over a twenty-seven-day period.

The trial judge imposed the following sentence:

(1) Count 7: five years imprisonment;

(2) Count 8: eighteen months imprisonment with nine months parole ineligibility, concurrent with Count 7;

(3) Count 3: five years imprisonment consecutive to Count 7;

(4) Count 2: eighteen months imprisonment with nine months parole ineligibility, consecutive to Count 8 and concurrent with Count 3;

(5) Count 1: twenty years imprisonment with ten years parole ineligibility, consecutive to Count 7 and concurrent with Count 3;

(6) Count 6: ten years imprisonment with five years parole ineligibility, consecutive to Count 1;

(7) Count 5: five years imprisonment concurrent with Count 1;

(8) Count 9: ten years imprisonment with five years parole ineligibility, consecutive to Count 1 and concurrent with Count 6;

(9) Count 10: merged into Count 9;

(10) Counts 11 and 12: five years imprisonment on each, concurrent with each other and Count 1;

(11) Count 13: 18 months imprisonment concurrent with Count 1.

The judge stated he intended an aggregate sentence of 35 years with 15 years, 9 months parole ineligibility.

Defendant appeals, through counsel, contending:

Point I. It was error for the trial judge to impose six consecutive sentences totalling 35 ...


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