On appeal from the Superior Court of New Jersey, Law Division, Essex County.
Before Judges Long, Stern and Kimmelman. The opinion of the court was delivered by Stern, J.A.D.
The opinion of the court was delivered by: Stern
The opinion of the court was delivered by
Defendant and Nathaniel Davis were indicted for conspiracy to commit burglary and robbery (count one), second degree burglary with a handgun (count two), armed robbery (count three), aggravated assault (count four), unlawful possession of a handgun (count five), and possession of the handgun for unlawful purpose (count six). Tried jointly in 1992, defendant and Davis were both convicted of third degree burglary on count two, theft of movable property as a lesser included offense on count three, and conspiracy (to commit burglary, trespass, theft of movable property and unlawful taking of a means of conveyance) on count one.
Defendant was sentenced to seven years in the custody of the Commissioner of Corrections for the theft offense and to a concurrent four year term for burglary. The conspiracy conviction was merged into the other charges, and $100 VCCB penalty was imposed for each offense. Defendant's sentence was subsequently modified pursuant to R. 3:21-10(b) to permit enrollment in a drug treatment program, after which his probation was revoked and defendant was resentenced to the same custodial terms originally imposed.
On this appeal defendant argues:
POINT I THE TRIAL JUDGE'S CHARGE ON ACCOMPLICE
LIABILITY DENIED DEFENDANT A FAIR TRIAL
AS HE FAILED TO INSTRUCT THE JURY THAT
THE PRINCIPAL AND ACCOMPLICE COULD BE
GUILTY OF DIFFERENT CRIMES BASED ON THEIR
OWN INDIVIDUAL MENTAL STATES. ...