July 11, 2007
STATE OF NEW JERSEY, PLAINTIFF-APPELLANT,
JERMAINE A. BOWMAN, DEFENDANT-RESPONDENT.
On appeal from the Superior Court of New Jersey, Law Division, Camden County, Indictment No. 1180-03-06.
NOT FOR PUBLICATION WITHOUT THE APPROVAL OF THE APPELLATE DIVISION
Argued June 6, 2007
Before Judges Stern, A. A. Rodríguez and Sabatino.
As in State v. Brown, __ N.J. Super. __ (App. Div. 2007), decided today, the State argues:
THE TRIAL COURT ABUSED ITS DISCRETION BY DISMISSING COUNT ONE OF THE INDICTMENT AND BY BARRING THE CRIMINAL PROSECUTION OF TERRORISTIC THREATS BASED ON THE FINDINGS OF THE FAMILY COURT IN DOMESTIC VIOLENCE PROCEEDINGS.
In this case, the Family Part dismissed M.B.'s complaint under the Prevention of Domestic Violence Act and vacated the temporary restraining order at the hearing on the final restraining order. A terroristic threat charge stemming from the same incident and embodied in an indictment subsequently returned in the Law Division was dismissed in light of the Family Part's order. Following defendant's guilty plea to and sentencing on weapons offenses, the State appeals from the order of dismissal.
The defendant presents no brief on the appeal, the record reflects no involvement by the Prosecutor's Office in the domestic violence proceeding in the Family Part, and jeopardy never attached on the dismissed count. Accordingly, we reverse the dismissal of the count of the indictment charging terroristic threats, and remand for prosecution in light of State v. Brown, __ N.J. Super. __ (App. Div. 2007), decided today.
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