Searching over 5,500,000 cases.


searching
Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.

State v. Shipman

October 17, 2007

STATE OF NEW JERSEY, PLAINTIFF-RESPONDENT,
v.
KEVON SHIPMAN A/K/A KEVIN S. SHIPMAN, DEFENDANT-APPELLANT.



On appeal from Superior Court of New Jersey, Law Division, Passaic County, Ind. No. 02-01-0127.

Per curiam.

RECORD IMPOUNDED

NOT FOR PUBLICATION WITHOUT THE APPROVAL OF THE APPELLATE DIVISION

Submitted September 10, 2007

Before Judges Lisa and Simonelli.

Defendant entered an unconditional guilty plea to first degree robbery, contrary to N.J.S.A. 2C:15-1 and N.J.S.A. 2C:2-6, (Counts one through five), and third degree receiving stolen property, contrary to N.J.S.A. 2C:20-7 and N.J.S.A. 2C:20-2b(2)(b), (Count fourteen). On this appeal, he raises the following issues:

POINT I

BECAUSE THE PROSECUTOR DID NOT SUBMIT A STATEMENT OF REASONS FOR SEEKING A TRANSFER OF JURISDICTION FROM THE FAMILY COURT TO ADULT COURT WITH THE WAIVER MOTION, THIS CASE MUST BE REMANDED TO THE FAMILY COURT FOR A PROPER WAIVER HEARING.

POINT II

THE JUVENILE WAIVER STATUTE VIOLATES DEFENDANT'S DUE PROCESS RIGHTS BECAUSE IT ALLOWS WAIVER BASED UPON A JUDGE'S FACT-FINDING ON LESS THAN PROOF BEYOND A REASONABLE DOUBT. (Not Raised Below)

POINT III

THE COURT WHICH SENTENCED DEFENDANT TO TEN YEARS WITH 85% PAROLE INELIGIBILITY FAILED TO CONSIDER, OR GIVE SUBSTANTIVE WEIGHT TO, THE 18-MONTH SENTENCE PREVIOUSLY IMPOSED ON HIS SIMILARLY SITUATED CO-DEFENDANT, R.P. THE RESULTING DISPARITY REQUIRES RESENTENCING, AND THE FACTS JUSTIFY SENTENCING DEFENDANT TO A SECOND DEGREE SENTENCE.

A. The Disparity Between Defendant's Sentence And R.P.'s Sentence Requires A Reduction ...


Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.