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State v. Flores-Alfaro

September 1, 2010

STATE OF NEW JERSEY, PLAINTIFF-RESPONDENT,
v.
DIMAS HUMBERTO FLORES-ALFARO, DEFENDANT-APPELLANT.



On appeal from the Superior Court of New Jersey, Law Division, Monmouth County, Indictment No. 08-01-0161.

Per curiam.

RECORD IMPOUNDED

NOT FOR PUBLICATION WITHOUT THE APPROVAL OF THE APPELLATE DIVISION

Submitted June 9, 2010

Before Judges Axelrad, Fisher and Sapp-Peterson.

Defendant was convicted of two counts of second-degree sexual assault, N.J.S.A. 2C:14-2, of a fourteen-year-old victim and sentenced by the court to a five-year period of imprisonment with an eighty-five percent period of parole ineligibility pursuant to the No Early Release Act, N.J.S.A. 2C:43-7.2(a) (NERA). We reverse and remand.

On appeal, defendant contends:

POINT I

THE TRIAL COURT IMPROPERLY DENIED DEFENDANT'S MOTION SEEKING A PSYCHOLOGICAL EXAMINATION OF N.B.

POINT II

THE TRIAL COURT IMPROPERLY DENIED DEFENDANT'S MOTION FOR AN IN CAMERA REVIEW OF N.B.'S SCHOOL RECORDS.

POINT III

THE TOTALITY OF THE CIRCUMSTANCES DEMONSTRATE THAT DEFENDANT'S CONFESSION WAS INVOLUNTARY.

POINT IV

DEFENDANT WAS PREJUDICED BY THE TRIAL COURT'S REFUSAL TO INCLUDE DEFENDANT'S PROPOSED JURY QUESTION ...


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