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State v. Hurtt

July 20, 2010

STATE OF NEW JERSEY, PLAINTIFF-RESPONDENT,
v.
SHONDA B. HURTT A/K/A SHONDA J. HURTT, DEFENDANT-APPELLANT.



On appeal from the Superior Court of New Jersey, Law Division, Union County, Indictment No. 07-06-4891.

Per curiam.

NOT FOR PUBLICATION WITHOUT THE APPROVAL OF THE APPELLATE DIVISION

Submitted June 8, 2010

Before Judges Messano and LeWinn.

Defendant Shonda B. Hurtt appeals from the judgment of conviction and sentence imposed following a jury trial at which she was found guilty of the lesser-included offenses of simple assault, N.J.S.A. 2C:12-1(a)(1), and fourth-degree aggravated assault, N.J.S.A. 2C:12-1(b)(3) ("[r]ecklessly caus[ing] bodily injury to another with a deadly weapon"). After merging the two convictions, the judge sentenced defendant to probation for two years, with a condition that she serve 270 days in the county jail.

Defendant raises the following points on appeal:

POINT I.

THE TRIAL COURT'S RULING PRECLUDING THE DEFENDANT FROM ADMITTING EVIDENCE OF THE SEPTEMBER 26, 2006[] INCIDENT INVOLVING MS. HUBBARD VIOLATED THE DEFENDANT'S SIXTH AMENDMENT RIGHT TO CONFRONTATION AND HER FIFTH AMENDMENT RIGHT NOT TO BE COMPELLED TO BE A WITNESS AGAINST HERSELF

POINT II.

THE DEFENDANT'S RIGHT TO A FAIR TRIAL WAS PREJUDICED BY ARGUMENTS MADE BY THE PROSECUTOR IN SUMMATION (Not Raised Below)

POINT III.

THE TRIAL COURT'S "ELECTION" CHARGE CONCERNING DEFENDANT'S FAILURE TO TESTIFY WAS FLAWED AND UNDERMINED HER FIFTH AMENDMENT RIGHTS (Not Raised Below)

POINT IV.

THE 2 YEAR PERIOD OF PROBATION IMPOSED ON THE DEFENDANT'S CONVICTION ON COUNT TWO FOR FOURTH[-]DEGREE AGGRAVATED ...


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