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STATE v. ERAZO

126 N.J. 112 (1991)

594 A.2d 232

STATE OF NEW JERSEY, PLAINTIFF-RESPONDENT, v. SAMUEL ERAZO, DEFENDANT-APPELLANT.

The Supreme Court of New Jersey.

Decided August 8, 1991.

Attorney(s) appearing for the Case

Michael A. Priarone and Michele A. Adubato, Designated Counsel, argued the cause for appellant (Wilfredo Caraballo, Public Defender, attorney).

Annmarie Cozzi, Deputy Attorney General, argued the cause for respondent (Robert J. Del Tufo, Attorney General of New Jersey, attorney).

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

A jury convicted defendant, Samuel Erazo, of capital murder and possession of a weapon for an unlawful purpose. He appealed as of right to this Court. R. 2:2-1(a)(3). As the State recognizes, the trial court gave two erroneous charges on the murder count. The instruction concerning manslaughter impermissibly shifted to defendant the burden of proving passion/provocation. See State v. Grunow,

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