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State v. Ibarra

July 5, 2007

STATE OF NEW JERSEY, PLAINTIFF-RESPONDENT,
v.
HECTOR E. IBARRA, A/K/A ALBERTO ANDRADE, DEFENDANT-APPELLANT.



On appeal from Superior Court of New Jersey, Law Division, Mercer County, Indictment No. 00-01-0070.

Per curiam.

NOT FOR PUBLICATION WITHOUT THE APPROVAL OF THE APPELLATE DIVISION

Submitted May 30, 2007

Before Judges Kestin and Weissbard.

After a jury trial, defendant Hector Ibarra was convicted on all three counts of an indictment charging second-degree aggravated assault, N.J.S.A. 2C:16-1b(1) (count one), third-degree possession of a weapon for an unlawful purpose, N.J.S.A. 2C:39-4d (count two), and fourth-degree unlawful possession of a weapon, N.J.S.A. 2C:39-5d (count three). On November 18, 2004, defendant was sentenced on count one to seven and one-half years in prison, subject to the eighty-five percent parole ineligibility of the No Early Release Act (NERA), N.J.S.A. 2C:43-7.2. After merging count three into count two, the judge imposed a concurrent prison term of three years on count two.

On appeal, defendant presents the following issues:

POINT I:

"GORY" PHOTOGRAPHS OF JAIGUA'S WOUNDS SHOULD NOT HAVE BEEN ADMITTED BECAUSE THEY WERE UNDULY PREJUDICIAL AND INSUFFICIENTLY PROBATIVE.

POINT II:

EVIDENCE OF AND COMMENTS RELATING TO JAIGUA'S EMOTIONAL TRAUMA AND THE POLICE PERCEPTION OF THE SERIOUSNESS OF HIS INJURIES WERE IMPROPERLY PLACED BEFORE THE JURY.

POINT III:

THE TRIAL COURT IMPROPERLY FAILED TO INSTRUCT THE JURY ON WHAT CONSTITUTED "SERIOUS, PERMANENT DISFIGUREMENT."

POINT IV:

THE COURT ERRONEOUSLY PERMITTED EVIDENCE TO BE ADMITTED REGARDING JAIGUA'S SCARRING AND FAILED TO ...


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