NOT FOR PUBLICATION WITHOUT THE APPROVAL OF THE APPELLATE DIVISION
Submitted September 10, 2013
On appeal from the Superior Court of New Jersey, Law Division, Camden County, Indictment No. 10-02-0504.
Joseph E. Krakora, Public Defender, attorney for appellant (Al Glimis, Assistant Deputy Public Defender, of counsel and on the brief).
John J. Hoffman, Acting Attorney General, attorney for respondent (Sarah S. Lichter, Deputy Attorney General, of counsel and on the brief).
Before Judges Messano and Sabatino.
Following a non-jury trial, defendant Shawn T. Flores was convicted of third-degree aggravated assault, N.J.S.A. 2C:12-1b(7); third-degree terroristic threats, N.J.S.A. 2C:12-3a; and fourth-degree stalking, N.J.S.A. 2C:12-10b. He was sentenced to an aggregate term of four years imprisonment, with a two-year period of parole ineligibility.
On appeal, defendant raises the following points for our consideration:
THE TRIAL COURT ERRED IN GRANTING [DEFENDANT'S] REQUEST TO WAIVE HIS RIGHT TO A JURY TRIAL WITHOUT APPLYING THE TEST SET FORTH BY STATE V. DUNNE, 124 N.J. 303 (1991), THEREBY RESULTING IN A WAIVER THAT WAS NOT VOLUNTARY OR KNOWING. (U.S. CONST. AMENDS. VI, XIV; N.J. CONST. ART. 1, ¶¶ 1, 9 & 10). (Not Raised Below)
A RESENTENCING IS REQUIRED IN THIS CASE AS THE SENTENCE IMPOSED IS EXCESSIVE AND NOT IN ACCORDANCE WITH THE SENTENCING GUIDELINES OF THE STATE OF NEW JERSEY
We have considered these arguments in light of the record and applicable legal standards. We affirm.
Before the start of trial, defendant appeared with counsel, who advised the judge:
We've had substantial discussion over the course of many days spanning the last few weeks about this decision and I'm convinced that [defendant] understands the ramifications . . . of [his] decision. He understands the nature of waiver of a trial by jury of twelve and proceeding with a fact-finder, consisting of one person. And I'm ...