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State v. Robinson

May 14, 2009

STATE OF NEW JERSEY, PLAINTIFF-RESPONDENT,
v.
MITCHELL ROBINSON A/K/A MICHAEL ROBINSON, DEFENDANT-APPELLANT.



On appeal from the Superior Court of New Jersey, Law Division, Passaic County, Indictment No. 04-09-01317.

Per curiam.

NOT FOR PUBLICATION WITHOUT THE APPROVAL OF THE APPELLATE DIVISION

Submitted March 25, 2009

Before Judges Lihotz and Messano.

Tried by a jury, defendant Mitchell Robinson, a/k/a Michael Robinson, was found guilty of fourth-degree theft of a credit card, N.J.S.A. 2C:21-(6)(c)(1) (count one); third-degree fraudulent use of a credit card, N.J.S.A. 2C:21-6(h) (count two); and fourth-degree hindering his own apprehension, N.J.S.A. 2C:29-3(b)(4) (count three). Defendant was sentenced to an aggregate term of four years in prison. He raises the following points on appeal:

POINT I.

THE MOTION TO DISMISS COUNT ONE AT THE END OF THE STATE'S CASE SHOULD HAVE BEEN GRANTED. R. 3:18-1.

POINT II.

THE MOTION TO DISMISS COUNT THREE AT THE END OF THE STATE'S CASE SHOULD HAVE BEEN GRANTED. R. 3:18-1.

POINT III.

THE INSTRUCTIONS TO THE JURY CONCERNING HINDERING ONE'S OWN APPREHENSION WERE FATALLY DEFECTIVE. (Not Raised Below).

We have considered these arguments in light of the record and applicable legal standards. We affirm.

I.

The State's first witness at trial, George Hopkins, testified that in June 2004 he kept various credit cards in his wallet. On June 15, the day before he was scheduled to leave on a work-related "national tour," he noticed his wallet was missing. He recalled last using one of the credit cards on June 14. Hopkins searched his car, his home, and his office for the wallet with negative results. Late in the morning, he received a call from one of the credit card companies inquiring whether he had "just used the card in Passaic[.]" Hopkins told the company he had not, and then spent the remainder of the day canceling his credit cards with the remaining companies. He left the state on ...


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