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State v. Townsend

February 26, 2008

STATE OF NEW JERSEY, PLAINTIFF-RESPONDENT,
v.
TRAVIS L. TOWNSEND, JR., DEFENDANT-APPELLANT.



On appeal from Superior Court of New Jersey, Law Division, Bergen County, Indictment No. 04-06-1148.

Per curiam.

NOT FOR PUBLICATION WITHOUT THE APPROVAL OF THE APPELLATE DIVISION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:

POINT I

THE INCLUSION OF INAPPLICABLE MENTAL ELEMENTS IN THE ATTEMPTED AGGRAVATED ASSAULT JURY INSTRUCTIONS WAS PLAIN ERROR. (NOT RAISED BELOW).

POINT II

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).

POINT III

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. ...


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