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State v. Sieprawski

December 4, 2008

STATE OF NEW JERSEY, PLAINTIFF-RESPONDENT,
v.
BARTOS SIEPRAWSKI, DEFENDANT-APPELLANT.



On appeal from Superior Court of New Jersey, Law Division, Bergen County, Indictment No. 02-05-1244-I.

Per curiam.

NOT FOR PUBLICATION WITHOUT THE APPROVAL OF THE APPELLATE DIVISION

Submitted December 17, 2007

Before Judges A. A. Rodríguez, Collester and C. S. Fisher.

Following a jury trial, defendant Bartos Sieprawski was found guilty of third degree fraudulent use of a credit card in violation N.J.S.A. 2C:21-6(h). We affirm his conviction and sentence.

In early December 2001, defendant fraudulently obtained and attempted to use a credit card in his father's name without permission. He first offered the card to pay for automobile stereo equipment. When the merchant ran the card, it came back as "fraudulent." Defendant offered the merchant a second credit card, which was also declined. Defendant then promised to pay his bill in cash. But when defendant later returned to the store he threatened the merchant by brandishing handcuffs and falsely claiming he was a Bergen County special agent. After defendant left, the merchant reported the incident to the Wallington police and gave defendant's name. Subsequently, defendant was arrested for credit card fraud.

While in jail in lieu of bail, defendant made arrangements with the Kirk Shaw Bail Agency to post bail of $7,500, giving the bondsman his father's Visa card to pay the premium. However, the card was declined because defendant was not an authorized user.

On appeal, defendant raises the following issues:

POINT I - THE DEFENDANT'S RIGHT TO DUE PROCESS OF LAW AS GUARANTEED BY THE FOURTEENTH AMENDMENT TO THE UNITED STATES CONSTITUTION AND ART. I PAR. I OF THE NEW JERSEY CONSTITUTION WAS VIOLATED BY THE STATE'S FAILURE TO PROVE BEYOND A REASONABLE DOUBT THAT THE DEFENDANT USED CREDIT CARD NO. 4621201030873728 (PREFERRED VISA CARD) AS ALLEGED IN THE INDICTMENT.

POINT II - THE DEFENDANT'S RIGHT TO DUE PROCESS OF LAW AS GUARANTEED BY THE FOURTEENTH AMENDMENT TO THE UNITED STATES CONSTITUTION AND ART. I PAR. I OF THE NEW JERSEY CONSTITUTION WAS VIOLATED BY PROSECUTORIAL MISCONDUCT.

POINT III - THE DEFENDANT'S RIGHT TO DUE PROCESS OF LAW AS GUARANTEED BY THE FOURTEENTH AMENDMENT TO THE UNITED STATES CONSTITUTION AND ART. I PAR. I OF THE NEW JERSEY CONSTITUTION WAS VIOLATED BY THE TRIAL COURT'S FAILURE TO DEFINE THE ELEMENTS OF THE OFFENSE, ALLOWING THE JURORS TO DECIDE WHAT CONSTITUTES UNLAWFUL INTENT.

POINT IV - THE DEFENDANT'S RIGHT TO DUE PROCESS OF LAW AS GUARANTEED BY THE FOURTEENTH AMENDMENT TO THE UNITED STATES CONSTITUTION AND ART. I PAR. I OF THE NEW JERSEY CONSTITUTION WAS VIOLATED BY THE IMPROPER ADMISSION OF EVIDENCE DEMEANING THE DEFENDANT'S CHARACTER.

POINT V - THE DEFENDANT'S PRO SE MOTION TO DISMISS ALL THE INDICTMENTS FOR VIOLATING HIS RIGHT TO A SPEEDY ...


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