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State of New Jersey v. Robert L. Griffin

May 27, 2011

STATE OF NEW JERSEY, PLAINTIFF-RESPONDENT,
v.
ROBERT L. GRIFFIN, DEFENDANT-APPELLANT.



On appeal from the Superior Court of New Jersey, Law Division, Essex County, Indictment No. 08-12-3669.

Per curiam.

NOT FOR PUBLICATION WITHOUT THE APPROVAL OF THE APPELLATE DIVISION

Submitted May 18, 2011

Before Judges Cuff and Sapp-Peterson.

A jury found defendant Robert L. Griffin guilty of third degree burglary, N.J.S.A. 2C:18-2 (Count One) and fourth degree*fn1 criminal mischief, N.J.S.A. 2C:17-3 (Count Two). On Count One, defendant was sentenced to a five-year term of imprisonment with a two-and-one-half-year period of parole ineligibility. He was sentenced to a concurrent eighteen-month term of imprisonment on Count Two. The appropriate fines, penalties and assessments were also imposed.

On appeal, defendant raises the following arguments:

POINT I

THE BURGLARY CONVICTION WAS AGAINST THE WEIGHT OF THE EVIDENCE BECAUSE THE FACTS ADDUCED AT TRIAL FAILED TO ESTABLISH BEYOND A REASONABLE DOUBT THAT THE DEFENDANT INTENDED TO COMMIT AN OFFENSE ONCE INSIDE THE CONDOMINIUM UNIT (Not Raised Below).

POINT II

THE CRIMINAL MISCHIEF CONVICTION MUST BE MERGED INTO THE BURGLARY CONVICTION.

POINT III

DEFENDANT'S SENTENCE OF THE MAXIMUM TERM ON EACH COUNT WAS MANIFESTLY EXCESSIVE.

We have thoroughly reviewed the record in light of the arguments presented by defendant and determine that these contentions are without sufficient merit to warrant discussion in a written opinion. R. 2:11-3(e)(2). We add the following brief comments.

The State adduced evidence that an intruder to a residential condominium unit pried at the door frame and kicked open the front door, ripped an alarm off a wall and tossed it in a sink filled with water. An occupant of another condominium unit heard the noise and walked down the stairs to investigate the sound. As he arrived, he encountered defendant calmly walking from the vandalized unit. Defendant argues that the State ...


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