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State of New Jersey v. andrea Whitehurst

April 21, 2011

STATE OF NEW JERSEY, PLAINTIFF-RESPONDENT,
v.
ANDREA WHITEHURST, DEFENDANT-APPELLANT.



On appeal from Superior Court of New Jersey, Law Division, Middlesex County, Indictment No. 07-08-1290.

Per curiam.

NOT FOR PUBLICATION WITHOUT THE APPROVAL OF THE APPELLATE DIVISION

Submitted October 5, 2010

Before Judges Carchman and Graves.

A jury convicted defendant Andrea Whitehurst of third-degree theft by taking or exercising unlawful control over movable property of another with purpose to deprive him thereof in violation of N.J.S.A. 2C:20-3. The same jury acquitted her of third-degree theft by knowingly receiving stolen property in violation of N.J.S.A. 2C:20-7. On January 16, 2009, defendant was sentenced to a five-year period of probation, subject to a fifty-three-day jail term, which had already been served, and other conditions.

On appeal, defendant presents the following arguments:

POINT I

THE TRIAL COURT ERRED IN PERMITTING A SECOND QUESTION ON THE JURY VERDICT SHEET WHICH EXPANDED THE THEORY UPON WHICH THE DEFENDANT COULD HAVE BEEN FOUND [GUILTY].

POINT II

THE TRIAL COURT ERRED IN DENYING DEFENDANT'S APPLICATION FOR JUDGMENT OF ACQUITTAL; THE VERDICT WAS AGAINST THE WEIGHT OF THE EVIDENCE.

POINT III

THE TRIAL COURT ERRED IN ALLOWING THE PROSECUTOR'S REMARKS DURING HIS SUMMATION WHICH WERE IMPROPER AND DENIED THE DEFENDANT A FAIR TRIAL; A REVERSAL IS WARRANTED (PARTIALLY RAISED BELOW).

POINT IV

THE TRIAL COURT ERRED IN ALLOWING HEARSAY TESTIMONY WHICH WAS ...


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