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STATE v. SIMMONS

752 A.2d 724 (2000)

331 N.J. Super. 512

STATE of New Jersey, Plaintiff-Respondent, v. Lawrence SIMMONS, Defendant-Appellant.

Superior Court of New Jersey, Appellate Division.

Decided June 7, 2000.

Attorney(s) appearing for the Case

John Vincent Saykanic, Designated Counsel, for defendant-appellant (Ivelisse Torres, Public Defender, attorney; Mr. Saykanic, on the brief).

Jane E. Hendry, Senior Assistant Prosecutor, for plaintiff-respondent (Ronald S. Fava, Passaic County Prosecutor, attorney; Ms. Hendry, on the brief).

Defendant-appellant filed a pro se supplemental brief.

Before Judges PRESSLER, KIMMELMAN and ARNOLD.

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

In 1977 defendant Lawrence Simmons was charged, in two separate indictments, with murder and robbery. He was tried and convicted of both crimes. After an odyssey through the state and federal courts we describe hereafter, he was retried in 1996. He was then convicted of the robbery, but the jury was unable to agree on the murder charge and a mistrial on that count was declared. Defendant was again tried...

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