State v. Aguiar

730 A.2d 463, 322 N.J. Super. 175
CourtNew Jersey Superior Court Appellate Division
DecidedJune 17, 1999
StatusPublished
Cited by7 cases

This text of 730 A.2d 463 (State v. Aguiar) is published on Counsel Stack Legal Research, covering New Jersey Superior Court Appellate Division primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
State v. Aguiar, 730 A.2d 463, 322 N.J. Super. 175 (N.J. Ct. App. 1999).

Opinion

730 A.2d 463 (1999)
322 N.J. Super. 175

STATE of New Jersey, Plaintiff-Respondent,
v.
Candido AGUIAR, Defendant-Appellant.

Superior Court of New Jersey, Appellate Division.

Submitted June 3, 1999.
Decided June 17, 1999.

*464 Ivelisse Torres, Public Defender, for appellant (Mitchell R. Stein, Designated Counsel, on the brief).

Thomas V. Manahan, Union County Prosecutor, for respondent (Patricia L. Cronin, Legal Analyst, of counsel and on the brief).

Before Judges BAIME, A.A. RODRÍGUEZ and LEFELT.

The opinion of the court was delivered by BAIME, P.J.A.D.

Defendant was convicted of aggravated manslaughter (N.J.S.A. 2C:11-4a) and possession of a handgun without a permit (N.J.S.A. 2C:39-5b). We affirmed defendant's convictions in an unreported opinion. Defendant then petitioned for post-conviction relief, contending that the prosecutor had concealed evidence of the victim's prior criminal conviction for murder. The Law Division denied the petition on the ground that the victim's violent character was irrelevant to the claim of self-defense absent evidence that defendant was aware of the victim's dangerous propensities. We reverse and remand for further proceedings. We hold that a victim's conviction for a violent crime is admissible to show that he was the aggressor in the context of a claim of self-defense.

I.

We need not recount the facts at length. Although they resided together, defendant and Aracelly Minia had a tempestuous relationship. In the evening hours of April 3, 1987, defendant went to the Cali Panchanguero, a nightclub frequented by Minia, to tell her to gather her belongings and leave his apartment. An argument developed, resulting in defendant's removal from the club by a security officer.

The events that ensued were hotly contested at trial. According to the State's witnesses, defendant returned brandishing a gun. The prosecutor presented evidence that defendant pointed the gun at Minia and jammed it into her stomach. Silo Ledesma, a stranger to both Minia and Aguiar, intervened. Several witnesses testified that Ledesma's hands were "in the air" when defendant shot him at close range. Others claimed that Ledesma grabbed defendant in a "bear hug" immediately before defendant shot him.

The defense's version was markedly different. Defendant claimed that he carried a gun because Minia had threatened his life in the past, and that he did not brandish the gun at the club. The defense further asserted that Ledesma was in the act of choking defendant when he was shot, and that defendant acted in self-defense.

At trial, defendant's attorney attempted to prove that Ledesma had a violent and aggressive personality. These efforts were totally unsuccessful. The State's witnesses *465 repeatedly characterized Ledesma as a nonviolent, peaceful individual. In his summation, the prosecutor emphasized that "every State's witness" described Ledesma as nonviolent and passive. The jury acquitted defendant of murder, but found him guilty of aggravated manslaughter and related weapons offenses.

Although the facts are in dispute, defendant claims that he first learned of Ledesma's 1978 murder conviction after his unsuccessful appeal. In his petition for post-conviction relief, defendant contended that the prosecutor had concealed the conviction. He asserted, alternatively, that if the State provided the defense with Ledesma's conviction during pretrial discovery, as the prosecutor claimed, then his trial attorney was derelict in failing to use it to bolster his claim of self-defense. Defendant requested an evidentiary hearing. The Law Division rejected defendant's request and denied the petition. The court concluded that a victim's conviction of a violent crime may not be admitted in the absence of evidence that the accused was aware of it.

II.

We begin our analysis with a brief description of our statutes and cases dealing with the justification of self-defense. The use of force against a person in self-defense is justifiable "when the actor reasonably believes that such force is immediately necessary for the purpose of protecting himself against the use of unlawful force" by that person. N.J.S.A. 2C:3-4a. The defendant must harbor an actual, reasonable belief that the use of force on his own part is necessary to prevent the imminent application of unlawful force by the assailant. State v. Kelly, 97 N.J. 178, 199-200, 478 A.2d 364 (1984). While it is not requisite that actual necessity exist, the justification of self-defense requires an honest belief on the part of the defendant in the need to use force. Id. at 198, 478 A.2d 364. Honesty alone, however, does not suffice. A defendant claiming the privilege of self-defense must also establish that his belief in the need to use force was reasonable. Id. at 199, 478 A.2d 364. The reasonableness of the defendant's belief is to be determined by the jury using an objective standard of what a reasonable person would have done in defendant's position in light of the circumstances known to the defendant at the time the force was used. Id. at 199-200, 478 A.2d 364; see also State v. Bryant, 288 N.J.Super. 27, 34, 671 A.2d 1058 (App. Div.), certif. denied, 144 N.J. 589, 677 A.2d 761 (1996). With certain limitations that are not germane here, a defendant may use deadly force in self-defense only if he "reasonably relieves that such force is necessary to protect himself against death or serious bodily harm." N.J.S.A. 2C:3-4b(2); see also State v. Moore, 158 N.J. 292, 306, 729 A.2d 1021 (1999) (holding that defendant not entitled to self-defense charge based on non-deadly force rules where defendant actually discharged gun).

Against this backdrop, our decisions have generally permitted the admission of reputation for aggressiveness on the part of the victim of an assaultive offense when "[s]uch evidence bears meaningfully on the conduct and state of mind of the defendant...." State v. Burgess, 141 N.J.Super. 13, 16, 357 A.2d 62 (App.Div.1976); see also State v. Pratt, 226 N.J.Super. 307, 321-22, 544 A.2d 392 (App.Div.), certif. denied, 114 N.J. 314, 554 A.2d 864 (1988); State v. Engels, 2 N.J.Super. 126, 129, 64 A.2d 897 (App.Div.1949); State v. Dart, 11 N.J.Misc. 192, 165 A. 289 (Sup.Ct.1933). It has been said that "absent proof of [the] defendant's knowledge of the pugnacious reputation [of the victim, such] evidence... will not be admitted." State v. Burgess, 141 N.J.Super. at 16, 357 A.2d 62 (citing Annotation, 1 A.L.R.3d 571, 596-601 (1965)). In a variety of factual settings, we have said that "[t]his requirement makes much sense since in the context of a self-defense claim an assertion that [the] defendant's actions were influenced or prompted by the victim's aggressive reputation has little significance if [the] defendant *466 was actually unaware of that reputation." Ibid.; see also State v. Pratt, 226 N.J.Super. at 322, 544 A.2d 392; State v. Carter, 278 N.J.Super. 629, 632, 651 A.2d 1088 (Law Div.1994).

In State v. Conyers, 58 N.J. 123, 275 A.2d 721 (1971), our Supreme Court questioned the efficacy of that limitation.

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730 A.2d 463, 322 N.J. Super. 175, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-aguiar-njsuperctappdiv-1999.