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State v. Blacknall

June 29, 1995

STATE OF NEW JERSEY, PLAINTIFF/RESPONDENT,
v.
MICHAEL BLACKNALL, DEFENDANT/APPELLANT.



On appeal from the Superior Court of New Jersey, Law Division, Monmouth County.

Approved for Publication February 28, 1996.

Before Judges Shebell, Skillman and Wallace. The opinion of the court was delivered by Wallace, Jr., J.A.D. Shebell, P.j.a.d., Dissenting.

The opinion of the court was delivered by: Wallace

The opinion of the court was delivered by WALLACE, JR., J.A.D.

Tried by a jury, defendant was found guilty of first degree kidnapping, contrary to N.J.S.A. 2C:13-1b (count one); second degree sexual assault, contrary to N.J.S.A. 2C:14-2c(1)(count three); and fourth degree criminal sexual contact, contrary to N.J.S.A. 2C:14-3b (count four). At the same trial, the jury acquitted defendant of criminal restraint, one count of sexual assault and one count of criminal sexual contact and were unable to reach a decision on another count of sexual assault and another count of criminal sexual contact. The trial court denied defendant's motions for a judgment for acquittal on the kidnapping count, for a new trial, or for the court to interrogate the jurors.

The trial court referred defendant to the Adult Diagnostic and Treatment Center at Avenel for an evaluation where it was determined that defendant did not fall within the purview of N.J.S.A. 2C:47-3. The trial court sentenced defendant to a term of eighteen years on count one, a concurrent eight years on count three and a concurrent fourteen months on count four.

On appeal, defendant raises the following arguments set forth in his brief:

POINT I:

THE TRIAL COURT COMMITTED REVERSIBLE ERROR IN FAILING TO GRANT THE DEFENDANT'S MOTION FOR ACQUITTAL AND DEFENDANT'S MOTION FOR A NEW TRIAL.

A. THE TRIAL COURT COMMITTED REVERSIBLE ERROR IN FAILING TO GRANT DEFENDANT'S MOTIONS AS TO THE KIDNAPPING CHARGE.

B. THE TRIAL COURT COMMITTED REVERSIBLE ERROR IN FAILING TO GRANT THE DEFENDANT'S MOTIONS WITH RESPECT TO THE FIRST DEGREE KIDNAPPING CHARGE.

C. THE TRIAL COURT COMMITTED REVERSIBLE ERROR IN FAILING TO GRANT THE DEFENDANT'S MOTION FOR AN ACQUITTAL AND MOTION FOR A NEW TRIAL WITH RESPECT TO THE SEXUAL ASSAULT CONVICTION.

POINT II:

THE TRIAL COURT'S REINSTATEMENT OF THE FIRST DEGREE KIDNAPPING CHARGE CONSTITUTED REVERSIBLE ERROR BASED UPON DOUBLE JEOPARDY AND BECAUSE THE DEFENDANT'S MOTION TO ACQUIT SHOULD HAVE BEEN GRANTED.

POINT III:

THE TRIAL COURT COMMITTED REVERSIBLE ERROR IN FAILING TO CHARGE THE JURY REGARDING THE PRIOR INCONSISTENT STATEMENTS OF V.B. AND IN ...


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