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State v. G.U.

December 31, 2007

STATE OF NEW JERSEY, PLAINTIFF-RESPONDENT,
v.
G.U., DEFENDANT-APPELLANT.



On appeal from the Superior Court of New Jersey, Law Division, Union County, 01-01-0029-I.

Per curiam.

RECORD IMPOUNDED

NOT FOR PUBLICATION WITHOUT THE APPROVAL OF THE APPELLATE DIVISION

Submitted December 18, 2007

Before Judges Skillman and Winkelstein.

Defendant G.U. appeals from a June 19, 2006 order denying his petition for post-conviction relief. We affirm.

Following a jury trial in August 2001, defendant was convicted of second-degree sexual assault, N.J.S.A. 2C:14-2b; and second-degree endangering the welfare of a child, N.J.S.A. 2C:24-4a. The jury acquitted defendant of first-degree aggravated sexual assault, N.J.S.A. 2C:14-2a. The trial judge, Judge Anzaldi, merged the convictions for sentencing and imposed an eight-year prison term. Defendant was also ordered to register and comply with Megan's Law. N.J.S.A. 2C:7-1 to -19.

On direct appeal, defendant raised the following points:

POINT I

THE TRIAL COURT'S JURY CHARGE INTENDED TO BREAK THE DEADLOCK CONSTITUTES REVERS[I]BLE ERROR.

POINT II

THE ADMISSION OF THE FRESH COMPLAINT TESTIMONY CONSTITUTES REVERS[I]BLE ERROR. (Not raised below).

POINT III

DEFENDANT'S SENTENCE MUST BE VACATED BECAUSE THE TRIAL COURT RECOGNIZED INAPPROPRIATE AGGRAVATING ...


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