State v. Scott

706 A.2d 1109, 309 N.J. Super. 140, 1998 N.J. Super. LEXIS 49
CourtNew Jersey Superior Court Appellate Division
DecidedFebruary 11, 1998
StatusPublished
Cited by2 cases

This text of 706 A.2d 1109 (State v. Scott) 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. Scott, 706 A.2d 1109, 309 N.J. Super. 140, 1998 N.J. Super. LEXIS 49 (N.J. Ct. App. 1998).

Opinion

The opinion of the court was delivered by

KEEFE, J.A.D.

A jury found defendants Herman Rainey, a.k.a. Michael Davis, and Bradford Scott guilty of the following offenses 1: count one, second degree conspiracy to commit robbery in violation of N.J.S.A 2C:5-2 and N.J.S.A. 2C:15 — 1; count four, second degree aggravated assault on Corey Johnson in violation of N.J.S.A. 2C:12-lb(l); count eight, third degree hindering apprehension in violation of N.J.S.A. 2C:29-3(b); count twelve, fourth degree assault on Pedro Zamora in violation of N.J.S.A 2C:12-lb(4), a lesser included offense of second degree aggravated assault in violation of N.J.S.A. 2C:12-lb(1) for which they were indicted; count fifteen, first degree attempted murder of Robert O’Connor in violation of N.J.S.A. 2C:11-3 and N.J.SA 2C:5-1; count sixteen, second degree aggravated assault upon Robert O’Connor in violation of N.J.SA 2C:12-1B(1); count nineteen, first degree attempted murder of Yvette Lopez in violation of N.J.S.A. 2C:11-3 [142]*142and N.J.S.A 2C:5 — 1; count twenty, second degree aggravated assault upon Yvette Lopez in violation of N.J.S.A 2C:12-1B(1); count twenty-two, fourth degree assault on Charles Cefalu in violation of N.J.S.A 2C:12-lb(4), a lesser included offense of second degree aggravated assault in violation of N.J.S.A 2C:12-1B(1) for which they were indicted; count twenty-three, third degree unlawful possession of an assault weapon in violation of N.J.S.A 2C:39-5(f); count twenty-four, third degree unlawful possession of a weapon, a shotgun, in violation of N.J.S.A 2C:39-5(c); count twenty-five, third degree unlawful possession of a handgun in violation of N.J.S.A 2C:39-5(b); and count twenty-six, second degree possession of a weapon for an unlawful purpose in violation of N.J.S.A 2C:39-4(a).

The jury found only Rainey guilty of the following offenses: count two, first degree armed robbery of Corey Johnson in violation of N.J.S.A 2C:15-1; count three, first degree attempted murder of Corey Johnson in violation of N.J.S.A 2C:11-3 and N.J.S.A 2C:5-1; count five, first degree kidnapping of Corey Johnson in violation of N.J.S.A 2C:13-1b(1); count six, third degree possession of a weapon for an unlawful purpose in violation of N.J.S.A 2C:39-5b; count seven, second degree possession of a weapon for an unlawful purpose in violation of N.J.S.A 2C:39-4a.

The jury found both defendants not guilty of: count eleven, first degree attempted murder of Pedro Zamora in violation of N.J.S.A 2C:ll-3 and N.J.S.A 2C:5-1; count thirteen, first degree attempted murder of Jose Montalvo in violation of N.J.S.A 2C:ll-3 and N.J.S.A 2C:5-1; count fourteen, second degree aggravated assault upon Jose Montalvo in violation of N.J.S.A 2C:12-1b(1); count seventeen, first degree attempted murder of William Con-holly in violation of N.J.S.A 2C:11-3 and N.J.S.A 2C:5-1; count eighteen, second degree aggravated assault upon William Connolly in violation of N.J.S.A 2C:12 — 1b(1); count twenty-one, first degree attempted murder of Charles Cefalu in violation of N.J.S.A 2C:11-3 and N.J.S.A 2C:5-1.

[143]*143On defendants’ motion, the trial judge dismissed count nine, first degree attempted murder of Robert Russo in violation of N.J.S.A. 2C:ll-3 and N.J.S.A 20:5-1, and count ten, second degree aggravated assault upon Robert Russo in violation of N.J.S.A. 2C:12-1B(1) pertaining to both defendants, and count twenty-seven, fourth degree unlawful possession of “dum ” bullets in violation of N.J.S.A. 2C:39-3(f) pertaining only to defendant Scott.

Defendant Rainey was sentenced to the following: on count five (kidnapping of Johnson), to an extended term of life imprisonment with a twenty-five year period of parole ineligibility; count sixteen was merged into count fifteen and on count fifteen (attempted murder of O’Connor), to a consecutive term of twenty years, with a ten year period of parole ineligibility; count twenty was merged into count nineteen and on count nineteen (attempted murder of Lopez), to a consecutive term of twenty years, with a ten year period of parole ineligibility; count four was merged into count three and on count three (attempted murder of Johnson), to a concurrent term of twenty years, with a ten year period of parole ineligibility; count one was merged into count two and on count two (robbery), to a concurrent term of twenty years, with a ten year period of parole ineligibility; on count six (unlawful possession of a handgun), to a concurrent term of five years, with a two and one-half year period of parole ineligibility; count seven was merged into counts two and three; on count eight (hindering apprehension), to a concurrent term of five years, with a two and one-half year period of parole ineligibility; on count twelve (aggravated assault), to a concurrent term of eighteen months, with an eighteen month period of parole ineligibility; on count twenty-two (aggravated assault), to a concurrent term of eighteen months, with an eighteen month period of parole ineligibility; on count twenty-three (unlawful possession of an assault weapon), to a concurrent term of five years with a two and one-half year period of parole ineligibility; on count twenty-four (unlawful possession of a shotgun), to a concurrent term of five years with a two and one-half year period of parole ineligibility; and on count twenty-five [144]*144(unlawful possession of handguns), to a concurrent term of five years, with a two and one-half year period of parole ineligibility. In sum, Rainey’s aggregate sentence is life imprisonment, plus forty years, with a forty-five year period of parole ineligibility. He was also assessed a $2,400.00 V.C.C.B. penalty.

Scott was sentenced as follows: count sixteen was merged into count fifteen and on count fifteen Scott was sentenced to an extended term of life imprisonment with twenty-five years parole ineligibility for the attempted first degree murder of Officer O’Connor; count twenty was merged into count nineteen and on count nineteen to a consecutive term of twenty years imprisonment with ten years parole ineligibility for the attempted first degree murder of Officer Lopez; on count four, to a consecutive term of ten years imprisonment with five years parole ineligibility for the second degree aggravated assault of Johnson; on count one, to a concurrent sentence of ten years imprisonment with five years parole ineligibility for conspiracy to commit the second degree robbery of Johnson; on count eight, five years imprisonment with two and one-half years parole ineligibility for third degree hindering apprehension; on counts twenty-three, twenty-four, and twenty-five, five years imprisonment with two and one-half years parole ineligibility for each of the third degree unlawful possession of weapons counts; and on counts twelve and twenty-two, eighteen months imprisonment with eighteen months parole ineligibility for each of the two fourth degree aggravated assault counts. The court merged count twenty-six, second degree possession of a weapon for an unlawful purpose, with counts twelve, fifteen, nineteen, and twenty-two. Thus, Scott’s aggregate sentence is life imprisonment plus thirty years, with forty years of parole ineligibility. The court also imposed a $2,200.00 V.C.C.B. penalty.

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Cite This Page — Counsel Stack

Bluebook (online)
706 A.2d 1109, 309 N.J. Super. 140, 1998 N.J. Super. LEXIS 49, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-scott-njsuperctappdiv-1998.