On appeal from Superior Court of New Jersey, Law Division, Union County.
J.h. Coleman and Arnold M. Stein.
This case involves a sentence to the Adult Diagnostic and Treatment Center (ADTC) of a defendant who refused to under-go psychological examinations required by N.J.S.A. 2C:47-1 et seq. to determine whether he falls within purview of the Sex Offender Act.
A jury found defendant guilty on two counts of sexual assault, contrary to N.J.S.A. 2C:14-2b, Counts One and Three; aggravated sexual assault, contrary to N.J.S.A. 2C:14-2a(2)(b) and (c), Count Four; aggravated sexual contact, contrary to N.J.S.A. 2C:14-3a, Count Five, and endangering the welfare of a child, contrary to N.J.S.A. 2C:24-4a, Count Six.
Defendant was ordered pursuant to N.J.S.A. 2C:47-1 to undergo an examination at the ADTC before sentencing. When
defendant refused to cooperate, he was held in contempt of court and sentenced to the Union County Jail for six months in an attempt to obtain compliance. Ultimately, defendant was sentenced without being examined at ADTC. At the sentencing hearing, the Judge merged Count Six with Count Four and sentenced defendant to the ADTC on Count Four to a term of 20 years with 10 years of parole ineligibility. Defendant was sentenced on Count One to ADTC for a term of 10 years with five years of parole ineligibility to run consecutively to the sentence imposed under Count Four. Concurrent sentences were imposed under Counts Three and Five.
In this appeal, defendant raises the following contentions:
I THE TRIAL JUDGE COMMITTED REVERSIBLE ERROR IN RULING THAT DEFENDANT'S PRIOR CONVICTIONS OF BURGLARY, THEFT AND TERRORISTIC THREATS COULD BE ADMITTED INTO EVIDENCE FOR IMPEACHMENT PURPOSES, THEREBY DEPRIVING DEFENDANT OF A FAIR TRIAL. (U.S. CONST. AMENDS. V, VI, XIV; N.J. CONST. (1947), ART. I, PARS. 9 AND 10).
II THE DEFENDANT WAS DENIED HIS CONSTITUTIONAL RIGHT TO A TRIAL BY JURY WHEN THE COURT EFFECTIVELY DIRECTED A VERDICT OF GUILT ON COUNTS 4, 5 AND 6. .
III THE COURT BELOW ERRED IN RULING THAT THE DEFENDANT WAIVED HIS RIGHT TO A FINDING BY THE ADULT DIAGNOSTIC AND TREATMENT CENTER THAT HIS CONDUCT WAS CHARACTERIZED BY A PATTERN OF REPETITIVE AND COMPULSIVE BEHAVIOR.
IV THE SENTENCE IMPOSED BY THE TRIAL JUDGE IS EXCESSIVE AND INAPPROPRIATE UNDER THE MANDATE OF THE CODE OF CRIMINAL JUSTICE.
The victim, under each count, was between the age of 12 and 15 years old at the time of the offenses and she was related to defendant through marriage. The victim's mother worked one job during the day and a second job during the evening. While the mother worked in the ...