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State v. Taylor

Superior Court of New Jersey, Appellate Division

June 10, 2013

STATE OF NEW JERSEY, Plaintiff-Respondent,
v.
ALMON TAYLOR, JR., Defendant-Appellant.

NOT FOR PUBLICATION WITHOUT THE APPROVAL OF THE APPELLATE DIVISION

Argued May 30, 2013

On appeal from Superior Court of New Jersey, Law Division, Atlantic County, Indictment No. 10-06-1505-B.

Melissa Rosenblum-Pisetzner argued the cause for appellant (Law Offices of Joseph A. Levin, L.L.C., attorneys; Ms. Rosenblum-Pisetzner, on the brief).

Deborah A. Hay argued the cause for respondent (James P. McClain, Acting Atlantic County Prosecutor, attorney; Ms. Hay, Special Deputy Attorney General/Acting Assistant Prosecutor, of counsel and on the brief).

Before Judges Axelrad and Haas.

PER CURIAM

Defendant Almon Taylor, Jr. was charged by an Atlantic County Grand Jury in a one-count indictment, No. 10-06-1505-B, with second-degree vehicular homicide, N.J.S.A. 2C:11-5. He also received motor vehicle citations for driving while intoxicated (DWI), N.J.S.A. 39:4-50, and reckless driving, N.J.S.A. 39:4-96.

After a jury trial, defendant was found not guilty of vehicular homicide. As required by State v. DeLuca, 108 N.J. 98, 111 (1987), [1] Judge Kyran Connor dismissed the jury and then considered the two motor vehicle offenses. The judge found defendant guilty of both DWI and reckless driving.

On the DWI charge, the judge sentenced defendant to ninety days in jail, a two-year driver's license suspension, thirty days of community service and three years of using an interlock device. The judge sentenced defendant to sixty days in jail, and a ten-year license suspension on the reckless driving charge. Both sentences were to run consecutively to each other. The judge also assessed appropriate fines, penalties, and surcharges.

Defendant's appeal is limited to the sentence he received and he raises the following contentions:

POINT I
AS A MATTER OF LAW, THE TRIAL COURT ERRED BY IMPOSING CONSECUTIVE SENTENCES ON THE ...

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