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State v. Hedgespeth

November 25, 2008

STATE OF NEW JERSEY, PLAINTIFF-RESPONDENT,
v.
KASIM-SIMON HEDGESPETH, DEFENDANT-APPELLANT.



On appeal from the Superior Court of New Jersey, Essex County, Indictment No. 06-10-3299.

Per curiam.

NOT FOR PUBLICATION WITHOUT THE APPROVAL OF THE APPELLATE DIVISION

Submitted October 27, 2008

Before Judges Lisa and Reisner.

Defendant, Kasim-Simon Hedgespeth, was the subject of a three-count indictment,*fn1 charging him with: (1) third-degree aggravated assault*fn2 on a police officer, N.J.S.A. 2C:12-1b(5)(a); (2) third-degree resisting arrest, N.J.S.A. 2C:29-2a(3); and (3) fourth-degree obstructing the administration of law, N.J.S.A. 2C:29-1. The jury found defendant guilty of lesser-included offenses on all three counts as follows: (1) fourth-degree aggravated assault upon a law enforcement officer (with no injury); (2) disorderly persons resisting arrest; and (3) disorderly persons obstruction of the administration of law. After merging count two with count one, the judge sentenced defendant to eighteen months imprisonment on count one, to be served consecutive to the sentence defendant was then serving on an unrelated conviction. On count three, the judge sentenced defendant to sixty-eight days imprisonment, with credit for time served of sixty-eight days.

Defendant argues on appeal:

POINT I

THE STATE FAILED TO PROVE THAT DEFENDANT, HEDGESPETH WAS GUILTY BEYOND A REASONABLE DOUBT.

POINT II

THE TRIAL COURT REVERSIBLY ERRED IN FAILING TO DISMISS COUNT II [SIC] CHARGING DEFENDANT WITH VIOLATING N.J.S.A. 2C:29-1, OBSTRUCTION OF THE ADMINISTRATION OF LAW.

POINT III

THE COURT ABUSED ITS DISCRETION IN FAILING TO SENTENCE DEFENDANT CONCURRENTLY.

We reject these arguments and affirm.

In the early morning hours of July 28, 2006, Newark police officers Marlon Silva and Tamoya Acazio, in uniform and on patrol in a marked police vehicle, observed a crowd of about twenty people in a residential neighborhood. Because of the lateness of the hour and because people in the crowd were "being loud," the officers got out of their vehicle and asked members of the crowd to leave. Some complied, and others did not. The officers called for backup, and ...


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