State v. Randolph

44 A.3d 1113, 210 N.J. 330, 2012 WL 2225477, 2012 N.J. LEXIS 674
CourtSupreme Court of New Jersey
DecidedJune 18, 2012
DocketA-87 September Term 2010, 067218
StatusPublished
Cited by118 cases

This text of 44 A.3d 1113 (State v. Randolph) 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. Randolph, 44 A.3d 1113, 210 N.J. 330, 2012 WL 2225477, 2012 N.J. LEXIS 674 (N.J. 2012).

Opinions

Justice LaVECCHIA

delivered the opinion of the Court.

The issue in this appeal is whether defendant Buddy Randolph should have been permitted, at the remand for his resentencing, to present evidence of his post-sentencing rehabilitative efforts. The resentencing court declined to consider the evidence based on its perception of the limited nature of the remand.

We find that the language of the Appellate Division’s remand order leaves room for ambiguity and that resolution of this dispute turns on a close examination of the exchanges during argument between the appellate panel and counsel. As defendant contends, those exchanges support that in reconsidering and justifying the maximum sentences and their consecutive imposition, the trial court was called on to conduct nothing less than a resentencing, which necessarily involves the reevaluation and reweighing of aggravating and mitigating factors. In the court’s performance of that function, defendant should have been permitted to proffer evidence of his rehabilitative efforts between his initial sentencing and resentencing for the court’s consideration. Although we express no view on its value, defendant claims that his putative rehabilitative evidence will demonstrate the “better” person presently standing before the court at the time of resentencing, not a no-longer-accurate version of him from the past.

We hold that defendant was entitled to present the evidence and to have it considered and thus are compelled to reverse and remand for resentencing. That said, we add that not all remand [334]*334orders for “reconsideration” will necessitate full resentencing proceedings, as the fact-driven nature of our analysis bears witness. This matter is in part a cautionary tale, as it underscores the importance of specificity in language when a remand for resen-tencing is ordered.

I.

This case involves five multiple-count Essex County indictments against defendant, each focusing on a separate weapons-related incident, and three of which included an assault. Although recitation of all charges lodged against defendant is not pivotal to an analysis of the essential issue, we include a brief summary of the facts to provide context for the sentences originally imposed by the sentencing court.

On May 7, 2000, defendant was found in possession of a handgun without a permit and hollow point bullets. The charges from that incident were set forth in Indictment No. 2000-09-2457.

On the evening of October 29, 2000, defendant shot Darrell Clark with a nine-millimeter handgun, for which he lacked a permit. Charges relating to that incident were set forth in Indictment No. 2001-02-707.

Shortly after the Darrell Clark shooting, on November 2, 2000, defendant was attempting to elude police, who were seeking to serve him with an arrest warrant, when he pointed a loaded gun at a Newark police officer. That incident resulted in the issuance of Indictment No. 2001-02-708. The firearm involved in that incident was illegal and defaced. Defendant later was charged by way of separate indictment, No. 2002-04-1231, with possession of a defaced handgun without a permit.

The last incident occurred the morning of February 26, 2002, when defendant was found in possession of another defaced and loaded handgun for which he did not have a permit. He used the firearm to shoot another victim, Saleem Coxson, multiple times. [335]*335The charges against defendant from that incident were set forth in Indictment No. 2002-05-2003.

Pursuant to a negotiated plea agreement, defendant pled guilty on September 11, 2002, to the following assault and weapons charges in exchange for the State’s dismissal of the remaining counts from the five Essex County indictments. On Indictment 2001-02-707, defendant pled guilty to second-degree aggravated assault, N.J.S.A 2C:12-l(b)(l) (Count 2), and third-degree unlawful possession of a weapon, N.J.S.A 2C:39-5(b) (Count 3). On Indictment 2002-05-2003, defendant pled guilty to second-degree aggravated assault, N.J.S.A. 2C:12-l(b)(l) (Count 1), and third-degree unlawful possession of a weapon, N.J.S.A 2C:39-5(b) (Count 2). On Indictment 2001-02-708, defendant pled guilty to third-degree aggravated assault, N.J.SA 2C:12-l(b)(5)(a) (Count 1) , third-degree unlawful possession of a weapon, N.J.SA 2C:39-5(b) (Count 2), and fourth-degree possession of a defaced firearm, N.J.SA 2C:39-3(d) (Count 4). On Indictment 2000-09-2457, defendant pled guilty to third-degree unlawful possession of a weapon, N.J.S.A 2C:39-5(b) (Count 1), and fourth-degree unlawful possession of hollow point bullets, N.J.S.A 2C:39-3(f) (Count 2) . On Indictment 2002-04-1231, defendant pled guilty to third-degree unlawful possession of a weapon, N.J.SA 2C:39-5(b) (Count 1), and fourth-degree possession of a defaced firearm, N.J.S.A. 2C:39-3(d) (Count 2).

Defendant was sentenced on October 18, 2002. At the time of that sentencing proceeding, he was twenty years old, had not completed high school, had a three-year-old daughter who was in the custody of his mother, and had a serious substance abuse problem for which he had never received treatment. Although defendant had no prior adult convictions, he had been arrested twelve times over a two-year period and had an extensive juvenile history that included seventeen separate delinquency complaints filed between February 1994 and April 2000. Furthermore, in addition to the Essex County indictments, the sentencing court [336]*336recognized that defendant had a pending six-count indictment in Hudson County.

When sentencing defendant, the court found that aggravating factors three, the risk defendant will reoffend, N.J.S.A. 2C:44-1(a)(3), and nine, the need to deter defendant and others, N.J.S.A 2C:44-l(a)(9), applied, and that no mitigating factors were present. The aggravating factors were found to outweigh the mitigating factors, and to support the imposition of a term greater than the presumptive term for the applicable sentencing range on each count to which defendant pled. In sum, defendant’s sentence comprised three consecutive maximum terms; all other counts were made to run concurrent. In the aggregate, defendant was sentenced to a twenty-year term of imprisonment, with an eight- and-one-half-year period of parole ineligibility, pursuant to the No Early Release Act (ÑERA), N.J.S.A. 2C:43-7.2, and the Graves Act, N.J.S.A. 2C:43-6(e).1 Importantly, the trial court did not include on the record justification for imposing three consecutive maximum sentences.

Defendant appealed, and the matter was remanded for resentencing under State v. Natale, 184 N.J. 458, 878 A.2d 724 (2005). At the first remanded resentencing hearing, the trial court stated that the absence of a presumptive term in the weighing process did not affect the court’s decision with respect to the ultimate sentence for defendant. The court amended the judgment of conviction to re-impose the same sentences as before.

Defendant then appealed his post-Aaiate-remand sentence, asserting that the imposition of three consecutive maximum sentences was improper. He maintained that State v. Miller, 108 [337]*337N.J. 112, 527 A.2d 1362 (1987), and State v. Pennington, 154

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Cite This Page — Counsel Stack

Bluebook (online)
44 A.3d 1113, 210 N.J. 330, 2012 WL 2225477, 2012 N.J. LEXIS 674, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-randolph-nj-2012.