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State v. Macilwraith

October 30, 2001

STATE OF NEW JERSEY, PLAINTIFF-RESPONDENT
v.
ROBERT B. MACILWRAITH, DEFENDANT-APPELLANT



On appeal from the Superior Court of New Jersey, Law Division, Criminal Part, Cape May County, 98-09-00444-I.

Before Judges Petrella, Kestin and Alley.

The opinion of the court was delivered by: Kestin, J.A.D.

NOT FOR PUBLICATION WITHOUT THE APPROVAL OF THE APPELLATE DIVISION

Submitted: October 9, 2001

Defendant was indicted on three counts of terroristic threats (third degree), N.J.S.A. 2C:12-3, and fourth degree resisting arrest, N.J.S.A. 2C:29-2. Count one of the indictment cited a violation of subsection (b) of the terroristic threats statute, which provides: A person is guilty of a crime of the third degree if he threatens to kill another with purpose to put him in imminent fear of death under circumstances reasonably causing the victim to believe the immediacy of the threat and the likelihood that it will be carried out.

Counts two and three of the indictment cited violations of subsection (a) of the statute:

A person is guilty of a crime of the third degree if he threatens to commit any crime of violence with purpose to terrorize another . . . or in reckless disregard of the risk of causing such terror . . . .

After a trial to a jury, defendant was convicted of resisting arrest, one of the subsection (a) terroristic threat charges, and lesser-included petty disorderly persons harassment on both the remaining subsection (a) charge and the subsection (b) charge.

The trial court sentenced defendant to a five-year prison term on the terroristic threat conviction, a consecutive term of eighteen months imprisonment with nine months of parole ineligibility on the resisting arrest conviction, a consecutive thirty-day county jail term for the harassment conviction based on subsection (b) of the terroristic threats statute, and a concurrent thirty-day county jail term for the remaining harassment conviction based on subsection (a).

Defendant appeals, raising the following issues:

POINT I. THE JURY INSTRUCTION AS TO TERRORISTIC THREATS WAS ERRONEOUS; THEREFORE, THE COURT MUST REVERSE DEFENDANT'S CONVICTION OR GRANT A NEW TRIAL.

POINT II. THE TRIAL PROOFS WERE INSUFFICIENT TO SUPPORT A CONVICTION FOR TERRORISTIC THREATS AS TO COUNT 2.

POINT III. THERE WAS INSUFFICIENT PROOF TO CONVICT DEFENDANT OF RESISTING ...


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