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STATE v. MARTINEZ

97 N.J. 567 (1984)

483 A.2d 117

STATE OF NEW JERSEY, PLAINTIFF-APPELLANT, v. JUAN MARTINEZ, A/K/A JOHNNY MARTINEZ, DEFENDANT-RESPONDENT.

The Supreme Court of New Jersey.

Decided November 16, 1984.

Attorney(s) appearing for the Case

Debra L. Stone, Deputy Attorney General, argued the cause for appellant (Irwin I. Kimmelman, Attorney General of New Jersey, attorney).

John J. Guidera, Designated Counsel, argued the cause for respondent (Joseph H. Rodriguez, Public Defender, attorney).

The opinion of the Court was delivered by GARIBALDI, J.

Defendant, Juan Martinez, was convicted of aggravated sexual assault under N.J.S.A. 2C:14-2a(4). The crux of this appeal is whether there is sufficient evidence for a jury to find beyond a reasonable doubt that at the time of the sexual assault defendant threatened his victim with a gun, within the meaning of N.J.S.A. 2C:14-2a(4). The Appellate Division, reversing the conviction, held there was...

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