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STATE v. CAPAK

271 N.J. Super. 397 (1994)

638 A.2d 918

STATE OF NEW JERSEY, PLAINTIFF-RESPONDENT, v. SHERRI M. CAPAK, DEFENDANT-APPELLANT.

Superior Court of New Jersey, Appellate Division.

Decided March 18, 1994.

Attorney(s) appearing for the Case

Zulima V. Farber, Public Defender, attorney for appellant (Thomas Menchin, First Assistant Public Defender, of counsel and on the letter brief).

Fred DeVesa, Acting Attorney General, attorney for respondent (Larry R. Etzweiler, Deputy Attorney General, of counsel and on the brief).

Before Judges BRODY, STERN and KEEFE.

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

After her motion to dismiss the indictment was denied, defendant pled guilty to an attempt to acquire a controlled dangerous substance by fraud, N.J.S.A. 2C:5-1 and 2C:35-13, preserving her claim that the criminal prosecution was barred on double jeopardy grounds. R. 3:9-3(c). The indictment, filed on August 8, 1989, was returned after defendant's prior guilty plea in the Spring Lake Heights Municipal...

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