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State v. Anthony

February 5, 2010

STATE OF NEW JERSEY, PLAINTIFF-RESPONDENT,
v.
MARK ANTHONY, DEFENDANT-APPELLANT.



On appeal from the Superior Court of New Jersey, Law Division, Atlantic County, Indictment No. 04-10-2283.

Per curiam.

NOT FOR PUBLICATION WITHOUT THE APPROVAL OF THE APPELLATE DIVISION

Submitted November 10, 2009

Before Judges Wefing and Messano.

Defendant Anthony Marks*fn1 appeals from the judgment of conviction and sentence imposed following a jury trial at which he was found guilty of third-degree aggravated assault, N.J.S.A. 2C:12-1(b)(7); third-degree conspiracy to commit aggravated assault, N.J.S.A. 2C:5-2 and 2C:12-1(b)(7); and second-degree bias intimidation, N.J.S.A. 2C:16-1. After merging the conspiracy charge into the aggravated assault conviction, the judge sentenced defendant to a four-year term of imprisonment, and imposed a consecutive eight-year term, with a four-year period of parole ineligibility, on the bias intimidation conviction.

On appeal, defendant raises the following issues:

POINT ONE

THE [ANTI-]MERGER PROVISION[S] OF N.J.S.A. 2C:16-1(e) VIOLATE[] THE DUE PROCESS AND DOUBLE JEOPARDY PROVISIONS OF THE STATE CONSTITUTION AND THEREFOR[E] THE SENTENCE IMPOSED ON THAT COUNT MUST BE VACATED. (NOT RAISED BELOW)

POINT TWO

THE VERDICT WAS AGAINST THE WEIGHT OF THE EVIDENCE

POINT THREE

THE SENTENCE IMPOSED WAS MANIFESTLY EXCESSIVE.

We have considered these arguments in light of the record and applicable legal standards. We affirm defendant's conviction but ...


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