STATE v. RINES


173 N.J. Super. 140 (1980)

413 A.2d 643

STATE OF NEW JERSEY, PLAINTIFF, v. RONALD E. RINES, DEFENDANT.

Superior Court of New Jersey, Law Division — Mercer County.

Decided February 28, 1980.


Attorney(s) appearing for the Case

Hal K. Haveson, Assistant Prosecutor, for the State (James F. Mulvihill, Acting Mercer County Prosecutor, attorney).

J. Stewart Husid, Assistant Public Defender, for defendant (Stanley C. Van Ness, Public Defender, attorney).


LEVY, J.S.C.

This issue in this case is whether a person indicted for being armed with a firearm while committing a robbery under N.J. S.A. 2A:151-5 can be convicted after the effective date of the New Jersey Code of Criminal Justice (Code) if he was "armed" with a toy pistol. This court concludes he may not because N.J.S.A. 2C:15-1 b evidences a change in legislative intent.

Defendant...

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