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In the Interest of C.G.

April 25, 2012

IN THE INTEREST OF C.G., A JUVENILE.


On appeal from the Superior Court of New Jersey, Chancery Division, Family Part, Essex County, Docket Nos. FJ-07-2255-09 and FJ-07-2159-09.

Per curiam.

RECORD IMPOUNDED

NOT FOR PUBLICATION WITHOUT THE APPROVAL OF THE APPELLATE DIVISION STATE OF NEW JERSEY

Submitted March 12, 2012 --

Before Judges Sabatino and Ashrafi.

After a trial in this juvenile matter, the Family Part judge concluded that appellant C.G. had committed the following offenses: aggravated assault upon a police officer; simple assault (as amended from the original complaint); unlawful possession of a weapon; and possession of a weapon for an unlawful purpose. At the time these offenses were committed on December 26, 2008, appellant was on probation for delinquency arising out of a 2007 robbery. The judge imposed a three-year sentence on the present offenses, plus a consecutive term of one year for appellant's violation of probation.

The offenses stem from an episode in Newark in which appellant, who was then seventeen years old, was driving a pickup truck that did not belong to him.*fn1 According to the State's proofs, appellant attempted to drive the truck into a marked police cruiser that was stopped near another motorist. The approach of the truck, which was traveling at approximately thirty to forty miles-per-hour, caused a police officer to take evasive action and back the cruiser into a fire hydrant. Appellant then crashed the truck into a fence. He and his passenger ran from the scene. Appellant was soon apprehended when the police found him lying in a ditch. A gun was recovered by the police from the driver side floor of the truck.

Appellant raises two arguments for our consideration:

POINT I

THE STATE FAILED TO PROVE BEYOND A REASONABLE DOUBT THAT THE TRUCK DRIVEN BY C.G. WAS BEING USED AS A WEAPON AGAINST THE OFFICERS.

POINT II

THE AGGREGATE FOUR-YEAR SENTENCE IMPOSED WAS MANIFESTLY EXCESSIVE, AND MUST BE MODIFIED.

We reject these contentions.

The record contains ample circumstantial proof that appellant was attempting to use the pickup truck as a weapon by ramming it into the cruiser. The trial judge found that appellant's manner of driving was purposeful, and not merely negligent or accidental. There is no need to disturb these findings, which are ...


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