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STATE v. DUNNS

266 N.J. Super. 349 (1993)

629 A.2d 922

STATE OF NEW JERSEY, PLAINTIFF-RESPONDENT, v. DAMON KENNETH DUNNS, DEFENDANT-APPELLANT.

Superior Court of New Jersey, Appellate Division.

Decided July 7, 1993.

Attorney(s) appearing for the Case

Charles E. Viel, Assistant Deputy Public Defender, argued the cause for appellant (Zulima V. Farber, Public Defender of New Jersey, attorney).

Jon Michael Reilly, Assistant Prosecutor, argued the cause for appellant (Michael Brooke Fisher, Cumberland County Prosecutor, attorney).

Before Judges KING, LANDAU and HUMPHREYS (temporarily assigned).

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

This case presents a question of fundamental fairness arising under the Double Jeopardy Clauses of the State and federal constitutions. N.J. Const. art. I, ¶ 11; U.S. Const. amend. V; see N.J.S.A. 2C:1-9(d)(3). Defendant's first trial in 1989 ended in an acquittal on charges of attempted murder and terroristic threats. He was convicted on charges of aggravated assault and possession...

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