On appeal from the Superior Court of New Jersey, Law Division, Somerset County, Indictment No. 05-03-00161-I.
NOT FOR PUBLICATION WITHOUT THE APPROVAL OF THE APPELLATE DIVISION
Submitted January 28, 2008
Before Judges S.L. Reisner and King.
This is an appeal from denial of an application for entry into the Pretrial Intervention Program (PTI). Defendant, age nineteen, was involved in an argument with a female acquaintance. When the police arrived, they needed to subdue defendant. In the process of the struggle, defendant bit one of the arresting officers.
Defendant's PTI application initially was rejected and the judge remanded for the State's reconsideration of the application. The State persisted in the denial, stressing the Prosecutor's authority to reject applications where the offense was "deliberately committed with violence against another person." Pressler, Current N.J. Court Rules, Guideline (3)(i)(3) on R. 3:28 (2008). The judge ultimately agreed and on September 2, 2005 rejected defendant's appeal from denial of entry into the program.
The sentence was imposed on December 22, 2005 as follows: on both counts of the indictment and on the disorderly persons complaint to a three-year probation term. As conditions of probation the judge ordered that defendant: (1) serve four days in the Somerset County jail, with credit for the four days already served; (2) perform 100 hours of community service; (3) obtain his G.E.D.; (4) maintain full employment; (5) pay $126.90 in restitution for the medical bill; and (6) pay a $25 per month probation supervisory fee for the duration of his probationary term. Defendant was also ordered to pay $200 to the Violent Crimes Compensation Board, a $225 assessment to the Safe Neighborhood Services Fund, and $30 to the Law Enforcement Officers Training and Equipment Fund.
We find no merit to the appeal under the deferential standard of review applied in these cases. State v. Nwobu, 139 N.J. 236, 246 (1995)(citing State v. Dalglish, 86 N.J. 503, 512 (1981)). We see no patent and gross abuse of prosecutorial discretion in this circumstance, especially where crimes of violence against a law enforcement officer are concerned: aggravated assault against an officer, N.J.S.A. 2C:12-1b(5)(a), and resisting arrest, N.J.S.A. 2C:29-2a, which were readily apparent as the reason the judge rejected the PTI application.
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