STATE v. CULLARS


224 N.J. Super. 32 (1988)

539 A.2d 750

STATE OF NEW JERSEY, PLAINTIFF-RESPONDENT, v. FRANK CULLARS, DEFENDANT-APPELLANT.

Superior Court of New Jersey, Appellate Division.

Decided March 29, 1988.


Attorney(s) appearing for the Case

David Elving Schwartz, designated counsel, argued the cause for appellant (Alfred A. Slocum, Public Defender, attorney; David Elving Schwartz on the brief).

Leslie Branch, Assistant Prosecutor, argued the cause for respondent (Herbert H. Tate, Jr., Essex County Prosecutor, attorney; Elizabeth Duelly, Assistant Prosecutor, of counsel; Leslie Branch on the brief).

Before Judges DREIER and BAIME.


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

Following a jury trial, defendant was convicted of possession of marijuana with the intent to distribute (N.J.S.A. 24:21-19a(1)). After the jury's verdict, but prior to sentencing, defendant, pursuant to an agreement with the State, entered retraxit pleas of guilty to first degree robbery (N.J.S.A. 2C:15-1) and possession of phencyclidine with...

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