Searching over 5,500,000 cases.


searching
Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.

State v. R.A.R.

August 7, 2009

STATE OF NEW JERSEY, PLAINTIFF-RESPONDENT,
v.
R.A.R., DEFENDANT-APPELLANT.



On appeal from the Superior Court of New Jersey, Law Division, Somerset County, Indictment No. 06-04-00257.

Per curiam.

RECORD IMPOUNDED

NOT FOR PUBLICATION WITHOUT THE APPROVAL OF THE APPELLATE DIVISION

Submitted June 9, 2009

Before Judges Lisa and Collester.

Defendant pled guilty to both counts in the indictment, which charged him with (1) second-degree sexual assault, through sexual contact with a victim less than thirteen years of age, N.J.S.A. 2C:14-2b, and (2) third-degree endangering the welfare of a child, by engaging in sexual conduct that would impair or debauch the morals of a child, N.J.S.A. 2C:24-4a. Consistent with the recommendation in the plea agreement, defendant was sentenced to nine years imprisonment on count one and a concurrent term of five years imprisonment on count two. The sentence was ordered to run concurrent with a sentence defendant was then serving in Pennsylvania for sexual offenses committed against the same victim. Defendant was also sentenced to community supervision for life and the requirements of Megan's Law. Further, based upon a psychological evaluation at the Adult Diagnostic and Treatment Center (ADTC), the judge determined that defendant's conduct was repetitive and compulsive, as a result of which he ordered that defendant's sentence be served at the ADTC.

Defendant argues on appeal:

POINT I

THE TRIAL COURT ABUSED ITS DESCRETION [SIC] WHEN IT DENIED [R.A.R.]'S MOTION TO DISMISS THE INDICTMENT IN ACCORDANCE WITH N.J.S.A. § 2C:1-3(f).

A. Pennsylvania Prosecuted [R.A.R.] for the Same Conduct that is the Subject of the New Jersey Indictment.

B. New Jersey's Interest Were [sic] Adequately Served by Pennsylvania's Prosecution.

POINT II

THE TRIAL COURT ERRED WHEN IT FAILED TO MERGE [R.A.R.]'S CONVICTION FOR THIRD DEGREE ENDANGERING THE WELFARE OF A MINOR WITH HIS CONVICTION FOR SECOND ...


Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.