On appeal from Superior Court of New Jersey, Law Division, Bergen County, Indictment No. 04-06-1148.
NOT FOR PUBLICATION WITHOUT THE APPROVAL OF THE APPELLATE DIVISION
Submitted January 28, 2008
Before Judges Graves and Sabatino.
Defendant Travis L. Townsend, Jr. appeals from a final judgment of conviction and sentence. A jury found him guilty of second-degree aggravated assault by attempting to cause serious bodily injury to Andre Banton, N.J.S.A. 2C:12-1(b)(1) (count two); fourth-degree aggravated assault with a firearm, N.J.S.A. 2C:12-1(b)(4) (count three); second-degree unlawful possession of a handgun for an unlawful purpose, N.J.S.A. 2C:39-4(a) (count four); and third-degree unlawful possession of a handgun without a permit, N.J.S.A. 2C:39-5(b) (count five). The jury acquitted defendant of attempted murder, N.J.S.A. 2C:5-1 and N.J.S.A. 2C:11-3 (count one). In a successive trial before the same jury,*fn1 defendant was convicted of second-degree possession of a handgun by a previously convicted person, N.J.S.A. 2C:39-7(b)(1) (count six).
At sentencing on October 7, 2005, the court merged counts two, three, and four into count two and sentenced defendant on count two (second-degree aggravated assault) to a term of eight years, subject to an eighty-five percent parole ineligibility term under the No Early Release Act (NERA), N.J.S.A. 2C:43-7.2. On count six, defendant was sentenced to five years subject to NERA to run concurrently with the sentence imposed on count two.
On appeal, defendant presents the following arguments:
THE INCLUSION OF INAPPLICABLE MENTAL ELEMENTS IN THE ATTEMPTED AGGRAVATED ASSAULT JURY INSTRUCTIONS WAS PLAIN ERROR. (NOT RAISED BELOW).
THE STATE AND THE TRIAL COURT VIOLATED DEFENDANT'S RIGHTS TO A SPEEDY TRIAL AND DUE PROCESS AND THE TRIAL COURT ERRED WHEN IT FAILED TO DISMISS THE INDICTMENT (U.S. CONST. AMEND. VI, XIV; N.J. CONST. (1947), ART. I, PAR. 10).
DEFENDANT'S MOTIONS FOR MISTRIAL SHOULD HAVE BEEN GRANTED AS HIS RIGHTS TO AN IMPARTIAL JURY AND A FAIR TRIAL WERE PREJUDICED BY COURT OFFICERS' MISCONDUCT AND TRIAL COUNSEL'S OTHER OBLIGATIONS INTERFERING WITH HIS DEFENSE (U.S. CONST. AMEND. ...