State v. Rangel

64 A.3d 558, 213 N.J. 500, 2013 N.J. LEXIS 365
CourtSupreme Court of New Jersey
DecidedApril 29, 2013
StatusPublished
Cited by48 cases

This text of 64 A.3d 558 (State v. Rangel) 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. Rangel, 64 A.3d 558, 213 N.J. 500, 2013 N.J. LEXIS 365 (N.J. 2013).

Opinion

Justice ALBIN

delivered the opinion of the Court.

In this case of first impression, we must determine whether defendant Erie Rangel was properly convicted of aggravated sexual assault under N.J.S.A. 2C:14-2(a)(3).

A defendant is guilty of first-degree “aggravated sexual assault if he commits an act of sexual penetration ... [and] uses physical force or coercion and severe personal injury is sustained by the victim.” N.J.S.A. 2C:14-2(a)(6) (emphasis added). A defendant is also guilty of first-degree aggravated sexual assault if the act of penetration occurs “during the commission, or attempted commission, ... [of] aggravated assault on another.” N.J.S.A. 2C:14-2(a)(3) (emphasis added). The issue before us is whether the language in (a)(3), “on another,” refers to the victim, a person other than the victim, or both. The trial court denied defendant’s motion for a judgment of acquittal, finding that (a)(3) includes aggravated assault on the victim. The Appellate Division reversed, determining that (a)(3) excludes the victim.

We conclude that, based on the statute’s plain language and a textual reading of the statute as a whole, the phrase “on another” refers to someone other than the victim. A contrary interpretation would mean that, under (a)(3), an attempt to commit significant bodily injury to the victim, although no injury was caused, N.J.S.A. 2C:12-l(b)(7), would elevate sexual assault to aggravated sexual assault. That interpretation would render a nullity the requirement under (a)(6) that the State prove the victim sustained “severe personal injury” for an aggravated-sexual-assault conviction. Moreover, the Legislature refers repeatedly to “victim” throughout N.J.S.A. 2C:14-2(a), (b), and (c) when identifying the [503]*503target of the sexual assault. We are not persuaded that the Legislature intended to speak elliptically about a victim as “another” in (a)(3) but specifically about “victim” in so many other provisions of the statute.

We affirm the judgment of the Appellate Division. We do not disturb defendant’s other convictions for sexual assault, aggravated assault, and obstructing the administration of justice. We remand for resentencing on those convictions.

I.

A.

A Morris County grand jury charged defendant in an indictment with first-degree aggravated sexual assault, N.J.S.A. 2C:14-2(a)(3); second-degree attempted aggravated sexual assault, N.J.S.A. 2C:5-l(a)(3) and 2C:14-2(a)(3); second-degree sexual assault, N.J.S.A. 2C:14-2(c)(l); second-degree aggravated assault, N.J.S.A. 2C:12 — 1(b)(1); and fourth-degree obstructing the administration of law, N.J.S.A. 2C:29-1.1 At defendant’s jury trial, the State presented the following evidence.

B.

In the early morning hours of April 22, 2007, P.F., then eighteen years old, left a birthday party in Lake Hiawatha and began walking home. Part of the way she was accompanied by two friends, who eventually broke off and went in different directions. Afterwards, P.F. noticed a stranger, defendant Erie Clemente Rangel, rushing toward her while angrily yelling in Spanish. P.F. ran and dialed 9-1-1 with her cell phone. She told the dispatcher that she was being pursued by a man and gave her location. While speaking with the dispatcher, P.F. was attacked from behind by defendant. He pummeled her face with his fists, [504]*504causing her to fall and strike her head on the concrete pavement or a pole. As she lay on the ground, defendant continued to punch her face as she fought back. P.F. grew weak from the struggle and believed that “one more hit would just [ ] kill [her].” Fearing for her life, she stopped resisting, “closed [her] eyes[,] and laid there defenseless.” As P.F. lay motionless, defendant ripped off her pants and underwear’.

Defendant then touched P.F.’s vagina with his fingers. P.F. next heard defendant remove his belt and felt what she thought was his penis touching the lips of her vagina. At about that moment, police officers arrived and found defendant kneeling over P.F. Defendant hurriedly pulled his pants up and attempted to flee, but was immediately apprehended and taken into custody. P.F. was transported by ambulance to Saint Claire’s Hospital. There, she was treated by an emergency-room physician and examined by a nurse specializing in sexual-abuse cases. Her nose was bloodied and swollen, and her mouth and lips were swollen too. She had suffered a “very unusual” bone fracture at the base of the nose. She also had a large bump on her head and felt pain there. P.F., a high school senior, missed a number of school days and could not participate in physical education for the remainder of the year.

C.

At the conclusion of the State’s case, Rangel moved for a judgment of acquittal on the first-degree aggravated-sexual-assault charge, N.J.S.A. 2C:14-2(a)(3). He pointed to an absence of proof that he had committed an act of sexual penetration during an “aggravated assault on another” — an essential requirement of the (a)(3) offense. Defendant contended that the words “on another” referred to a person other than the victim. He further noted that assaultive conduct on the victim elevating a sexual assault to an aggravated sexual assault is contained in N.J.S.A. 2C:14-2(a)(6), which requires evidence that a defendant used “physical force or coercion” and caused “severe personal injury.”

[505]*505The trial court denied the motion for judgment of acquittal.2 The court found that the phrase in (a)(3) — “aggravated assault on another” — refers “to acts upon the victim.” It viewed (a)(3) as an “enhancement feature” that responded to the “additional threat of physical harm to the victim that’s over and above the act of penetration or the violent act.” The court did not believe that, in passing (a)(3), the Legislature had in mind the “absurd result” of punishing a defendant for “penetrating the victim against the victim’s will and simultaneously committing an aggravated assault upon the boyfriend.”

D.

The jury convicted defendant on all counts. The court sentenced defendant on the aggravated-sexual-assault charge to a twenty-year term of imprisonment, subject to the No Early Release Act (NERA), N.J.S.A. 2C:43-7.2, and to parole supervision for life, and ordered him to comply with the registration and community notification requirements of Megan’s Law, N.J.S.A. 2C:7-1 to -23. He also was sentenced to a consecutive seven-year NERA term and to a three-year parole-supervision period on the aggravated-assault charge and to a concurrent 365-day term on the obstructing charge. The attempted aggravated-sexual-assault and sexual-assault convictions were merged into the aggravated-sexual-assault conviction. All appropriate lines and penalties were imposed.

II.

The Appellate Division reversed defendant’s aggravated-sexual-assault conviction, “concluding] that the proper interpretation of the phrase ‘on another’ in [N.J.S.A. 2C:14-2(a)(3) ] is that the aggravated assault must be on a third person, committed for the purpose of compelling the submission of the sexual assault victim.” [506]*506State v. Rangel, 422 N.J.Super. 1, 3, 25 A.3d 1183 (App.Div.2011).

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Cite This Page — Counsel Stack

Bluebook (online)
64 A.3d 558, 213 N.J. 500, 2013 N.J. LEXIS 365, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-rangel-nj-2013.