State v. Lawless

70 A.3d 647, 214 N.J. 594, 2013 WL 3779157, 2013 N.J. LEXIS 738
CourtSupreme Court of New Jersey
DecidedJuly 22, 2013
StatusPublished
Cited by160 cases

This text of 70 A.3d 647 (State v. Lawless) 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. Lawless, 70 A.3d 647, 214 N.J. 594, 2013 WL 3779157, 2013 N.J. LEXIS 738 (N.J. 2013).

Opinion

Justice PATTERSON

delivered the opinion of the Court.

When it enacted N.J.S.A. 2C:44-1, the Legislature established aggravating and mitigating circumstances for a court to consider when it sentences a convicted defendant within the statutory range applicable to his or her offense. The first of thirteen enumerated aggravating factors focuses the court’s inquiry on “[t]he nature and circumstances of the offense, and the role of the actor therein, including whether or not it was committed in an especially heinous, cruel, or depraved manner!.]” N.J.S.A. 2C:44-1(a)(1) (aggravating factor one). The second aggravating factor addresses “[t]he gravity and seriousness of harm inflicted on the victim!.]” N.J.S.A. 2C:44-1(a)(2) (aggravating factor two). In determining whether aggravating factor two applies, the sentencing court considers whether “the defendant knew or reasonably [600]*600should have known that the victim of the offense was particularly vulnerable or incapable of resistance due to advanced age, ill-health, or extreme youth, or was for any other reason substantially incapable of exercising normal physical or mental power of resistance[.]” Ibid. While sentencing courts frequently apply both aggravating factors one and two, each requires a distinct analysis of the offense for which the court sentences the defendant.

This case raises an issue not previously addressed by the Court: whether a sentencing court, identifying relevant aggravating factors under N.J.S.A. 2C:44-1(a), may consider the harm suffered by individuals who were physically injured by the defendant’s conduct but were not the victims of the offense of which the defendant was convicted. Defendant John J. Lawless, Jr. was charged with eight criminal offenses and several motor vehicle violations following a motor vehicle collision that killed another driver and seriously injured the deceased driver’s wife and daughter, who were passengers in his vehicle. Pursuant to a plea agreement, defendant pled guilty to one of the criminal offenses, aggravated manslaughter, N.J.S.A. 2C:11-4(a), as well as driving while intoxicated (DWI), N.J.S.A. 39:4-50, a motor vehicle offense. The other charges pending against defendant were dismissed pursuant to his plea agreement. Accordingly, defendant was not convicted of any offense committed against either of the injured passengers. Nonetheless, the sentencing court considered the harm suffered by the injured passengers as “harm inflicted on the victim” for purposes of N.J.S.A. 2C:44-1(a)(2) and relied upon aggravating factor two, among other aggravating factors, in imposing sentence. The Appellate Division reversed, ruling that injuries sustained by the victim’s family members were irrelevant to the court’s sentencing determination, and remanded for resentencing.

We affirm. Given defendant’s guilty plea to only one criminal offense, aggravated manslaughter, we hold that the sole “victim” for purposes of N.J.S.A. 2C:44-1(a)(2) was the deceased driver. Accordingly, the harm inflicted upon the decedent’s wife and [601]*601daughter is irrelevant to the sentencing court’s application of aggravating factor two. That harm, however, may be relevant to the court’s application of N.J.S.A. 2C:44-1(a)(1), subject to the principle that sentencing courts must avoid double-counting any element of an offense as an aggravating factor, State v. Kromphold, 162 N.J. 345, 353, 744 A.2d 640 (2000). The injuries suffered in the collision by the two passengers may be considered part of the “nature and circumstances of the offense.” N.J.S.A. 2C:44-1(a)(1). Accordingly, the sentencing court may consider aggravating factor one, N.J.S.A. 2C:44-1(a)(1), when defendant is resentenced on remand.

I.

The motor vehicle collision that gave rise to this case occurred on Saturday, September 12, 2009, in Lower Township. Defendant, a Pennsylvania resident with four Pennsylvania convictions for driving under the influence of alcohol (DUI), was attending a “Motorcycle Weekend” in Wildwood. After consuming an estimated twelve beers over several hours, defendant left Wildwood at approximately 8:00 p.m., driving his Chrysler Sebring convertible. According to the account provided by defendant to the judge in his plea hearing, defendant crossed a bridge from Wildwood onto Route 47 and turned left onto Route 9 South. Defendant later testified that he “must have blacked out at that point” and claimed to have no further recollection of the events leading up to his hospitalization.

At approximately 8:27 p.m., Lower Township Police were called to Route 9. They observed defendant’s unoccupied and damaged Chrysler Sebring convertible in the middle of the highway. South of defendant’s vehicle on Route 9, officers saw a heavily-damaged Ford Escort with three occupants. The driver, Fredrick Shelton, was dead at the scene. His wife, Sheri Shelton, the front-seat passenger, was seriously hurt; her internal injuries, broken ribs and broken forearm required several surgeries and a month-long stay in the hospital. Fredrick and Sheri’s daughter, Brittany [602]*602Shelton, riding in the back seat when the collision occurred, was less severely injured than her mother, but also required hospitalization.

Police officers found defendant lying in a grassy area, screaming. Defendant initially contended that an unidentified friend had been driving his vehicle. The officers, however, found a sandal matching one worn by defendant between the brake and the accelerator of the car. They detected the smell of alcohol on defendant’s breath. A blood test conducted with defendant’s consent after he was taken to a hospital confirmed that defendant was impaired by alcohol. In that test, defendant’s blood alcohol content was determined to be .229.

Police officers briefly interviewed defendant. He gave them a false name, address and Social Security number, and again attempted to blame an unidentified friend for the accident. Defendant then terminated the interview by requesting an attorney. While defendant was hospitalized, the officers determined that defendant’s Pennsylvania driver’s license had been suspended because of a prior DUI conviction.

A Cape May County Grand Jury indicted defendant for first-degree aggravated manslaughter, N.J.S.A. 2C:11-4(a), first-degree vehicular homicide within 1,000 feet of school property, N.J.S.A. 2C:11-5, third-degree causing death while driving with a suspended license, N.J.S.A. 2C:40-22(a), fourth-degree causing serious bodily injury while driving with a suspended license, N.J.S.A. 2C:40-22(b), second-degree aggravated assault, N.J.S.A. 2C:12-1(b)(1), two counts of third-degree aggravated assault, N.J.S.A. 2C:12-1(c)(3),1 and third-degree hindering apprehension, N.J.S.A. 2C:29-3(b). Defendant’s indictment for violations of N.J.S.A. 2C:11-4(a), N.J.S.A. 2C:11-5 and N.J.S.A. 2C:40-22(a) arose from [603]*603the death of Fredrick Shelton. With the exception of defendant’s indictment for hindering apprehension, the remaining counts of the indictment arose from the injuries sustained by Sheri or Brittany Shelton. In addition, defendant was charged with several motor vehicle violations, including DWI in violation of N.J.S.A. 39:4-50.

On September 13, 2010, the date scheduled for an N.J.R.E.

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Cite This Page — Counsel Stack

Bluebook (online)
70 A.3d 647, 214 N.J. 594, 2013 WL 3779157, 2013 N.J. LEXIS 738, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-lawless-nj-2013.