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State ex rel C.H.

August 2, 2010

STATE OF NEW JERSEY, IN THE INTEREST OF C.H., JR., A MINOR.


On appeal from Superior Court of New Jersey, Chancery Division, Family Part, Cumberland County, Docket Nos. FJ-06-1270-08; FJ-06-1852-08.

Per curiam.

RECORD IMPOUNDED

NOT FOR PUBLICATION WITHOUT THE APPROVAL OF THE APPELLATE DIVISION

Submitted June 29, 2010

Before Judges Stern and Wefing.

C.H., Jr., was adjudicated a delinquent for conduct which, if committed by an adult, would have constituted fourth-degree aggravated assault, N.J.S.A. 2C:12-1b(5)(d). He was sentenced to sixty days in the county's detention center as a condition of six months probation, and participation in anger management counseling. Fifty days of that detention was suspended. C.H., Jr., had earlier entered a plea of guilty to a downgraded charge of harassment, a petty disorderly persons offense, in return for a delayed disposition. With the adjudication of the aggravated assault charge, he was sentenced to a concurrent thirty days in the county's detention center. C.H., Jr., appeals from the adjudication and the disposition. After reviewing the record in light of the contentions advanced on appeal, we affirm.

The aggravated assault occurred at the cafeteria of Bridgeton High School, where C.H., Jr., was a student. He entered the cafeteria at a time when he was supposed to be in class. Richard Shemp, a science teacher at the high school, was on cafeteria duty. He knew C.H., Jr., and that he was not supposed to be in the cafeteria at that time. He gestured to the boy to leave, but he did not. Shemp testified that, instead, C.H., Jr., made an obscene gesture and continued toward a table where he began to speak with a friend. Shemp approached him and told him to leave. C.H., Jr., did not but continued to talk. Shemp asked if he had a pass, and C.H., Jr., produced a pass which permitted him to go to the lavatory but not the cafeteria. After inspecting it, Shemp again told C.H., Jr., to leave. Shemp took the boy's arm as if to guide him out of the cafeteria, and the boy threw it off. Again Shemp took the boy's arm and C.H., Jr., grabbed Shemp with both hands on his shirt and would not let go. Shemp grabbed the boy's shirt, and the two struggled briefly. Another student came up and told C.H., Jr., to release Shemp, but he would not. He was pushed into the hall where he finally released Shemp. Security arrived and C.H., Jr., proceeded to the school office.

On appeal, C.H., Jr., raises the following arguments:

POINT I

THE COURT SHOULD NOT HAVE CONSIDERED SHEMP'S TESTIMONY THAT HE SUFFERED BODILY INJURY IN DETERMINING WHETHER THE JUVENILE COMMITTED SIMPLE ASSAULT DUE TO THE STATE'S FAILURE TO PROVIDE THE INFORMATION THAT SHEMP SUFFERED BODILY INJURY TO THE DEFENSE IN DISCOVERY.

POINT II

THE VERDICT ON THE AGGRAVATED ASSAULT CHARGE WAS AGAINST THE WEIGHT OF THE EVIDENCE (NOT RAISED BELOW).

POINT III

CUMULATIVE ERRORS WARRANT A NEW TRIAL (NOT ...


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