STATE v. JAMES


165 N.J. Super. 173 (1979)

397 A.2d 1113

STATE OF NEW JERSEY, PLAINTIFF-RESPONDENT, v. TERRY O. JAMES, DEFENDANT-APPELLANT.

Superior Court of New Jersey, Appellate Division.

Decided January 18, 1979.


Attorney(s) appearing for the Case

Mr. Stanley C. Van Ness, Public Defender, attorney for appellant (Mr. George C. Heppner, designated attorney, of counsel and on the brief).1

Mr. John J. Degnan, Attorney General of New Jersey, attorney for respondent (Ruth Schlesinger Sherman, Deputy Attorney General, of counsel and on the brief).

Before Judges SEIDMAN and BOTTER.


The opinion of the court was delivered by BOTTER, J.A.D.

Defendant was convicted in a jury trial of robbery (N.J.S.A. 2A:141-1) while armed (N.J.S.A. 2A:151-5) committed on September 8, 1975 at a tavern in Asbury Park. Thereafter, as directed by the sentencing judge pursuant to N.J.S.A. 2A:85-13, the county prosecutor filed an accusation charging defendant with being a multiple offender, having been convicted previously of the crimes of robbery...

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