State v. D.A.

923 A.2d 217, 191 N.J. 158, 2007 N.J. LEXIS 604
CourtSupreme Court of New Jersey
DecidedJune 4, 2007
StatusPublished
Cited by81 cases

This text of 923 A.2d 217 (State v. D.A.) is published on Counsel Stack Legal Research, covering Supreme Court of New Jersey primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
State v. D.A., 923 A.2d 217, 191 N.J. 158, 2007 N.J. LEXIS 604 (N.J. 2007).

Opinion

Justice LONG

delivered the opinion of the Court.

This case centers on the meaning of the language in the witness tampering statute, N.J.S.A. 2C:28-5(a), that criminalizes a defendant’s knowing attempts to silence a witness while “believing that an official proceeding or investigation is pending or about to be instituted.” In particular, we are asked whether a threat by a defendant against a person who has observed him in a crime, with the purpose to forestall official action, will satisfy the above-cited language.

On a motion for a judgment of acquittal, the trial judge answered that question in the affirmative. Thereafter, defendant was convicted of tampering and the Appellate Division affirmed. We now reverse. Because there can be no tampering, within the meaning of N.J.S.A 2C:28-5(a), unless the defendant acted, believing that an official proceeding or investigation was pending or about to be instituted, and because there was no evidence that this defendant held such a belief, his conviction cannot stand.

I.

Defendant, D.A., was charged by an Atlantic County Grand Jury with five separate offenses: (1) second-degree sexual assault, N.J.S.A 2C:14-2(c); (2) fourth-degree criminal sexual contact, N.J.SA 2C:14 — 3(b); (3) third-degree endangering the welfare of a child, N.J.SA. 2C:24^4(a); (4) fourth-degree child abuse, N.J.S.A 9:6-3; and (5) third-degree witness tampering, N.J.SA 2C:28-5(a). At trial, defendant moved for a judgment of acquittal on the tampering charge on the ground that his conduct did not violate the statute because, at the time he acted, he did not believe “an official proceeding was about to be instituted.”

[162]*162The basic facts surrounding the tampering charge are not in dispute. Defendant lived with his family in the same motel as his victim, Tracie,1 who was thirteen years old. Tracie’s closest friend, Jessica, often stayed over at Tracie’s and observed defendant’s regular sexual advances toward Tracie, including multiple instances of Freneh-Mssing.

One day, when defendant and Jessica were in Tracie’s room alone, defendant told Jessica that “if she [said] anything to anybody, [he would] take full custody of Tracie and [Jessica would] never see her again.” Jessica understood defendant to be making a threat to keep her silent, but did not believe he could carry it out. Also, at the time of the threat, there was no evidence to indicate to defendant that Jessica had any intention of reporting what she saw to the authorities. She did, however, tell her mother about defendant’s conduct when she returned home. Defendant’s threat to Jessica is the focal point of this appeal.

The trial judge denied defendant’s motion for judgment of acquittal on the tampering charge. The judge dismissed the child abuse count, and a jury found defendant guilty of the four remaining charges. After appropriate mergers, defendant was sentenced to a custodial term of five years for witness tampering and to a consecutive term of nine years with four and one-half years of parole ineligibility on the second-degree sexual assault count.

Defendant appealed, challenging among other things, denial of the motion to dismiss the tampering count. The Appellate Division rejected that claim, concluding “[i]t is no less an offense to seek to prevent a witness from conveying to authorities information that would trigger an investigation than to seek to prevent that witness from communicating with authorities who have received information from other sources that would justify the commencement of an investigation.”

[163]*163We granted certification solely on the tampering issue, 188 N.J. 220, 902 A.2d 1237 (2006).

II.

Defendant argues that from the evidence presented, the jury could not conclude that he “believ[ed] that an official proceeding or investigation [was] pending or about to be instituted” when he threatened Jessica; that without such a conclusion, the statutory elements could not be satisfied; and that even if ambiguous, the doctrine of lenity requires that the statute be read in his favor.

The State counters that the tampering statute clearly encompasses defendant’s conduct; that to hold otherwise would allow defendant’s actions to go unpunished; and that the doctrine of lenity cannot be permitted to thwart the obvious intent underlying a law.

III.

On a motion for judgment of acquittal, the governing test is: whether the evidence viewed in its entirety, and giving the State the benefit of all of its favorable testimony and all of the favorable inferences which can reasonably be drawn therefrom, is such that a jury could properly find beyond a reasonable doubt that the defendant was guilty of the crime charged. State v. Reyes, 50 N.J. 454, 458-59, 236 A.2d 385 (1967). See R. 3:18-1; see also Jackson v. Virginia, 443 U.S. 307, 318-19, 99 S.Ct. 2781, 2788, 61 L.Ed.2d 560, 573 (1979) (explaining that “the critical inquiry on review of the sufficiency of the evidence to support a criminal conviction ... [is] whether, after viewing the evidence in the light most favorable to the prosecution, any rational trier of fact could have found the essential elements of the crime beyond a reasonable doubt”). The propriety of the denial of the motion for judgment of acquittal in this case depends on the meaning to be ascribed to the tampering statute.

[164]*164IV.

In interpreting a statute, the overriding goal is to give effect to the Legislature’s intent. DiProspero v. Penn, 183 N.J. 477, 492, 874 A.2d 1039 (2005). “[T]he best indicator of that intent is the statutory language,” thus it is the first place to look. Ibid. (citation omitted). If the plain language leads to a clear and unambiguous result, then the interpretive process should end, without resort to extrinsic sources. Ibid, (citations omitted).

We only turn to extrinsic evidence in limited circumstances, such as when “there is ambiguity in the statutory language that leads to more than one plausible interpretation.” Ibid. In addition, we “may also resort to extrinsic evidence if a plain reading of the statute leads to an absurd result or if the overall statutory scheme is at odds with the plain language.” Ibid.

An added canon is that penal statutes are to be strictly construed. State v. Valentin, 105 N.J. 14, 17, 519 A.2d 322 (1987) (citations omitted). The strict construction doctrine, and its corollary, the doctrine of lenity, “means that words are given their ordinary meaning and that any reasonable doubt ... is decided in favor of anyone subjected to a criminal statute.” 3 Sutherland Statutory Construction § 59.3 (6th ed.2001); see also State v. Alexander, 136 N.J. 563, 573, 643 A.2d 996 (1994) (noting that ambiguity in criminal statute “cannot inure to the benefit of the State”).

Simply because a statute can be interpreted in more than one way does not automatically implicate the strict construction doctrine.

Free access — add to your briefcase to read the full text and ask questions with AI

Related

State of New Jersey v. Anthony L. Gibson
New Jersey Superior Court App Division, 2025
State of New Jersey v. Malihki X. Oliver
New Jersey Superior Court App Division, 2025
State of New Jersey v. Cortney Bell
New Jersey Superior Court App Division, 2025
In the Matter of the Commitment of K.W.
New Jersey Superior Court App Division, 2025
State of New Jersey v. Tacuma E. Ashman
New Jersey Superior Court App Division, 2025
State of New Jersey v. Cindy Keogh
New Jersey Superior Court App Division, 2025
State of New Jersey v. Jerome Davis
New Jersey Superior Court App Division, 2023
State of New Jersey v. Dennis F. Gargano, Jr.
New Jersey Superior Court App Division, 2023
State v. Jason M. O'Donnell
Supreme Court of New Jersey, 2023

Cite This Page — Counsel Stack

Bluebook (online)
923 A.2d 217, 191 N.J. 158, 2007 N.J. LEXIS 604, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-da-nj-2007.