Short 1: Case Brief
Name: State v. Leonard Citation: 410 N.J. Super 182 (2009)
History: Appeal the conviction and sentence in the N.J. appellate division.
Facts:Victim conviction involves assault in 1993 not for lying, dishonesty, or fraud. Cell phone, shotgun, and the currency on defendant corroborate the testimony of the victim. The threat made with the shotgun.The car was stolen. JV record (7/15) and pending charges.
Issues:
1. Whether the trial court's bar on defendant from cross examined victim regarding prior conviction is abuse of discretion.
2. Whether the defendant is entitled a re-sentence due to the trial court not properly analyzing the elements before the sentence.
Decision/Holding:
1. No. The court's ruling barring the defendant from cross examination the victim is not an abuse of discretion.
2. No. The court must look to the elements of the carjacking to guide their sentencing discretion.
Opinion:
1. Decision to admit prior conviction for purpose of attacking the credibility rests with the court's discretion and the court is allowed to place reasonable limitation. The testimony corroborated through the cross examination.
2. Sentence mid-range of permissible sentence range. The offense is high-side of intermediate. JV record and the added charges support the sentence imposed.
Disposition: Affirmed.
