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STATE v. FUSSELL

174 N.J. Super. 14 (1980)

415 A.2d 351

STATE OF NEW JERSEY, PLAINTIFF-RESPONDENT, v. DAVID O. FUSSELL, DEFENDANT-APPELLANT.

Superior Court of New Jersey, Appellate Division.

Decided May 6, 1980.

Attorney(s) appearing for the Case

David E. Thomas argued the cause for appellant (Stanley C. Van Ness, Public Defender, attorney; Stanford M. Singer, Assistant Deputy Public Defender, of counsel and on the brief).

John J. Degnan, Attorney General of New Jersey, attorney for respondent (Thomas A. Penn, Deputy Attorney General, of counsel and on brief).

Before Judges SEIDMAN, MICHELS and DEVINE.

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

Defendant David O. Fussell was convicted by the trial judge sitting without a jury of entering with intent to steal (N.J.S.A. 2A:94-1), armed robbery (N.J.S.A. 2A:141-1 and N.J.S.A. 2A:151-5), atrocious assault and battery (N.J.S.A. 2A:90-1) and assault with an offensive weapon (N.J.S.A. 2A:90-3), and was sentenced to consecutive...

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