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STATE v. GARRETSON

712 A.2d 1226 (1998)

313 N.J. Super. 348

STATE of New Jersey, Plaintiff-Respondent, v. Dennis A. GARRETSON, Defendant-Appellant.

Superior Court of New Jersey, Appellate Division.

Decided June 26, 1998.

Attorney(s) appearing for the Case

Daniel V. Gautieri, Assistant Deputy Public Defender, for defendant-appellant (Ivelisse Torres, Public Defender, attorney; Mr. Gautieri, of counsel and on the brief).

Daniel J. O'Connor, Assistant Prosecutor, for plaintiff-respondent (Wayne J. Forrest, Somerset County Prosecutor, attorney; Mr. O'Connor, of counsel and on the brief).

Before Judges PETRELLA, SKILLMAN and STEINBERG.

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

A jury found defendant Dennis A. Garretson guilty of carjacking by the unlawful taking of a motor vehicle while putting the occupant in fear of immediate bodily injury. N.J.S.A. 2C:15-2a(2). The jury did not accept the alternate theory of carjacking by operating the vehicle with the occupant remaining in it. N.J.S.A. 2C:15-2a(4). The non-jury trial offenses of criminal mischief and reckless...

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