State v. Shuman

On appeal from Superior Court of New Jersey, Law Division, Monmouth County, Indictment No. 07-11-2600.

Per curiam.

NOT FOR PUBLICATION WITHOUT THE APPROVAL OF THE APPELLATE DIVISION

Submitted June 2, 2010

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:

POINT I

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.

POINT II

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.

POINT III

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.

POINT IV

THE PROSECUTION FAILED TO PROVE THE DEFENDANT'S GUILT BEYOND A REASONABLE ...