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State v. C.W.

October 6, 2010

STATE OF NEW JERSEY, PLAINTIFF-RESPONDENT,
v.
C.W., DEFENDANT-APPELLANT.



On appeal from the Superior Court of New Jersey, Law Division, Hudson County, Indictment No. 07-01-0044.

Per curiam.

RECORD IMPOUNDED

NOT FOR PUBLICATION WITHOUT THE APPROVAL OF THE APPELLATE DIVISION

Submitted September 22, 2010

Before Judges Axelrad and J. N. Harris.

Defendant C.W. appeals his conviction and sentence. Following a four-day trial, a jury convicted defendant of one count of second-degree sexual assault, N.J.S.A. 2C:14-2(c)(3), and one count of fourth-degree child abuse, N.J.S.A. 9:6-1 and -3, for conduct involving his seventeen-year-old daughter F.M. The jury acquitted defendant of one count of each of these offenses. After merging the child abuse conviction with the sexual assault conviction, the court sentenced defendant to an eight-year custodial term. The court also imposed the conditions of lifetime parole supervision, Megan's Law registration, and no contact with the victim. Applicable fines and penalties were also imposed.

Defendant asserts the following arguments on appeal:

POINT I.

THE TAILORING ACCUSATIONS OF PROSECUTOR'S SUMMATION DEPRIVED DEFENDANT OF A FAIR TRIAL [Not Raised Below].

A. The Prosecutor's Allegations of Tailoring Were Generic and Therefore Impermissible.

B. The Prosecutor's Improper Allegations of Tailoring Deprived Defendant of a Fair Trial Beyond a Reasonable Doubt.

C. Because the Court's Failure to Give an Adequate Curative Instruction Constituted Plain Error, Defendant's Convictions Must Be Reversed.

POINT II.

IF THIS COURT SHOULD CONCLUDE THAT DEFENDANT'S CONVICTIONS DO NOT HAVE TO BE REVERSED, THE MATTER SHOULD NEVERTHELESS BE REMANDED FOR RESENTENCING BECAUSE THE TRIAL COURT FAILED TO GIVE DEFENDANT CREDIT FOR ...


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