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State v. Flores

Superior Court of New Jersey, Appellate Division

October 16, 2013

STATE OF NEW JERSEY, Plaintiff-Respondent,
v.
SHAWN T. FLORES, Defendant-Appellant.

NOT FOR PUBLICATION WITHOUT THE APPROVAL OF THE APPELLATE DIVISION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.

PER CURIAM

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:

POINT I
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)
POINT II
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 ...

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