STATE v. DIAZ


188 N.J. Super. 504 (1983)

457 A.2d 1223

STATE OF NEW JERSEY, PLAINTIFF-RESPONDENT, v. DAVID DAN DIAZ, DEFENDANT-APPELLANT.

Superior Court of New Jersey, Appellate Division.

Decided February 23, 1983.


Attorney(s) appearing for the Case

Joseph H. Rodriguez, Public Defender, attorney for appellant (Monica R. Jacobson, Assistant Deputy Public Defender, of counsel and on the letter brief).

Irwin I. Kimmelman, Attorney General of New Jersey, attorney for respondent (Anne C. Paskow, Deputy Attorney General, of counsel and on the letter brief).

Before Judges FRITZ, JOELSON and PETRELLA.


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

Defendant was indicted under two indictments. The first was in two counts and charged him with first degree robbery (N.J.S.A. 2C:15-1) and third degree theft (N.J.S.A. 2C:20-3). The second indictment charged him with second degree robbery (N.J.S.A. 2C:15-1). Following plea negotiations he entered retraxit pleas of guilty to the first degree robbery charge in the first indictment...

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