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State of New Jersey v. Stacia C. Simms

March 20, 2012

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



On appeal from the Superior Court of New Jersey, Law Division, Somerset County, Indictment No. 08-06-0465.

Per curiam.

NOT FOR PUBLICATION WITHOUT THE APPROVAL OF THE APPELLATE DIVISION

Submitted: February 29, 2012

Before Judges Cuff and St. John.

A jury convicted defendant Stacia C. Simms of two counts of third degree perjury, N.J.S.A. 2C:28-1a. Both counts of perjury are based on her testimony in the matter of State v. Ramsey, 415 N.J. Super. 257 (App. Div. 2010), certif. denied, 205 N.J. 77 (2011). Count one alleged that she falsely testified at trial that she never saw Michael Ramsey with a gun on the evening that Terrell Spruill died from a gunshot wound to the abdomen. The second count of perjury is founded on her trial testimony that she dropped Ramsey off at his mother's house around 7:30 p.m. on the night of the murder. She was sentenced to concurrent terms of two years probation subject to 364 days in the county jail and twenty-five hours of community service. The appropriate fees, penalties, and assessments were also imposed.

On appeal, defendant raises the following arguments:

Point One - THE TRIAL COURT IMPROPERLY DENIED

DEFENDANT'S APPEAL FROM THE DENIAL OF HER APPLICATION FOR ADMISSION TO THE PRE-TRIAL INTERVENTION PROGRAM.

Point Two - THE TRIAL COURT'S DENIAL OF

DEFENDANT'S MOTION FOR A JUDGMENT OF ACQUITTAL WAS ERROR WHICH DENIED DEFENDANT A FAIR TRIAL.

Point Three - THE ADMISSION OF IRRELEVANT AND

UNDULY PREJUDICIAL EVIDENCE WAS REVERSIBLE ERROR.

Point Four - THE JURY INSTRUCTIONS ...


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