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STATE v. SEWELL

127 N.J. 133 (1992)

603 A.2d 21

STATE OF NEW JERSEY, PLAINTIFF-APPELLANT, v. CHARLES SEWELL, DEFENDANT-RESPONDENT.

The Supreme Court of New Jersey.

Decided March 17, 1992.

Attorney(s) appearing for the Case

Nancy Peremes Barton, Deputy Attorney General, argued the cause for appellant (Robert J. Del Tufo, Attorney General of New Jersey, attorney).

Al Glimis, Assistant Deputy Public Defender, argued the cause for respondent (Wilfredo Caraballo, Public Defender, attorney).

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

In this criminal appeal, the Court must determine the level of culpability necessary to convert theft into robbery. The crime of theft becomes robbery when the defendant "inflicts bodily injury or uses force upon another" in the course of committing a theft. The facts of this case do not indicate, nor did the trial court instruct the jury to consider defendant's culpability when

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