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State of New Jersey v. Todd R. White

June 8, 2012

STATE OF NEW JERSEY, PLAINTIFF-RESPONDENT,
v.
TODD R. WHITE, DEFENDANT-APPELLANT.



On appeal from the Superior Court of New Jersey, Law Division, Mercer County, Indictment No. 08-05-0445.

Per curiam.

NOT FOR PUBLICATION WITHOUT THE APPROVAL OF THE APPELLATE DIVISION

Submitted February 28, 2012

Before Judges Messano and Yannotti.

Following a jury trial, defendant Todd White was convicted of third degree attempted theft by unlawful taking, N.J.S.A. 2C:20-3(a) and 2C:5-1. The jury acquitted defendant of second-degree robbery, N.J.S.A. 2C:15-1, and fourth-degree resisting arrest, N.J.S.A. 2C:29-2(a)(2). The judge granted the State's motion to sentence defendant as a persistent offender, N.J.S.A. 2C:44-3(a), and imposed a ten-year term of imprisonment with a five-year parole disqualifier. This appeal followed.

Defendant raises the following points for our consideration:

POINT I

THE TRIAL COURT INCORRECTLY CHARGED THE JURY WITH RESPECT TO THE CHARGE OF ATTEMPTED THEFT (NOT RAISED BELOW)

POINT II

PROSECUTORIAL MISCONDUCT IN SUMMATION WHICH SHIFTED THE BURDEN OF PROOF TO THE DEFENDANT DEPRIVED MR. WHITE OF A FAIR TRIAL (NOT RAISED BELOW)

POINT III

THE TRIAL COURT ERRED BY PERMITTING A POLICE WITNESS TO TESTIFY THAT HE RESPONDED TO THE AREA DUE TO INFORMATION RECEIVED (NOT RAISED BELOW)

POINT IV

CUMULATIVE ERRORS DENIED THE DEFENDANT THE RIGHT TO A FAIR TRIAL ...


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