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State v. Wood

June 27, 2003

STATE OF NEW JERSEY, PLAINTIFF-RESPONDENT,
v.
ROBERT A. WOOD, DEFENDANT-APPELLANT.



On appeal from Superior Court of New Jersey, Law Division, Ocean County, 99-8-1039-I.

Before Judges King, Lisa and Fuentes.

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

NOT FOR PUBLICATION WITHOUT THE APPROVAL OF THE APPELLATE DIVISION

Submitted May 14, 2003

The sole issue in this appeal is whether a stun gun is a"deadly weapon" within the meaning of the No Early Release Act (NERA), N.J.S.A. 2C:43-7.2, as it existed prior to the June 29, 2001 amendments.*fn1 Defendant Robert A. Wood pled guilty to one count of first degree robbery, N.J.S.A. 2C:15-1a, and one count of third degree escape, N.J.S.A. 2C:29-5b, pursuant to a negotiated plea agreement. The terms of the agreement left open the NERA issue for the court's determination.

At the plea hearing, defendant gave the following factual basis for the first degree robbery charge:

Q: And at that time did you come into contact with an individual by the name of William Bay, B-A-Y?

A: Yes, sir.

Q: Did you commit a theft upon William Bay?

A: Yes, sir.

Q: And in the course of committing that theft did you use a stun gun, as it's commonly known?

A: Yes, sir.

Q: Do you understand that to use such a stun gun in the course of committing a theft constitutes the first ...


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