Not what you're
looking for? Try an advanced search.
State v. Shuman
August 4, 2010
STATE OF NEW JERSEY, PLAINTIFF-RESPONDENT,
v.
SHARON A. SHUMAN, DEFENDANT-APPELLANT.
On appeal from Superior Court of New Jersey, Law Division, Monmouth County, Indictment No. 07-11-2600.
NOT FOR PUBLICATION WITHOUT THE APPROVAL OF THE APPELLATE DIVISION
Before Judges Carchman and Ashrafi.
During a routine motor vehicle stop, defendant Sharon Shuman was arrested and charged with third-degree aggravating assault on a police officer, N.J.S.A. 2C:12-1b(5)(a), and third-degree resisting arrest, N.J.S.A. 2C:29-2a(3). After indictment and a trial by jury, defendant was found not guilty of those charges but guilty of the lesser-included disorderly persons offense of resisting arrest, N.J.S.A. 2C:29-2a(1). The court sentenced defendant to a one-year probationary term and assessed appropriate fines and penalties.
On appeal, defendant has raised the following arguments:
THE RECORD IS BARREN ON ANY PRE-ARREST CONDUCT THAT CAN SERVE AS A PREDICATE FOR A N.J.S.A. 2C:29-2(a)(1) CONVICTION AND, WITHOUT ANY EVIDENCE IN THE RECORD TO SUPPORT THE CONVICTION, THE CONVICTION MUST BE SET ASIDE.
THE JURY'S VERDICT OF ACQUITTAL ON TWO COUNTS BASED ON DEFENDANT'S POST ARREST CONDUCT AND A CONVICTION ON ONE COUNT BASED ON DEFENDANT'S PRE-ARREST CONDUCT IS ILLOGICAL, INCONSISTENT AND CANNOT STAND.
THE JURY WAS NOT PROPERLY INSTRUCTED ON WHAT CONDUCT COULD SERVE AS A PREDICATE FOR A N.J.S.A. 2C:29-2(a)(1) CONVICTION AND WHAT CONDUCT COULD NOT AND, BECAUSE OF NOT BEING PROPERLY INSTRUCTED, IMPERMISSIBLY BASED THEIR N.J.S.A. 2C:29-2(a)(1) CONVICTION UPON POST ARREST CONDUCT.
THE PROSECUTION FAILED TO PROVE THE DEFENDANT'S GUILT BEYOND A REASONABLE ...