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STATE v. WESNER

859 A.2d 734 (2004)

372 N.J. Super. 489

STATE of New Jersey, Plaintiff-Respondent, v. Ronald WESNER, Defendant-Appellant.

Superior Court of New Jersey, Appellate Division.

Decided October 27, 2004.

Attorney(s) appearing for the Case

Yvonne Smith Segars, Public Defender, attorney for appellant (Susan Green, Assistant Deputy Public Defender, of counsel and on the brief).

Joseph L. Bocchini, Jr., Mercer County Prosecutor, attorney for respondent (Dorothy Hersh, Assistant Prosecutor, of counsel and on the brief).

Before Judges A.A. RODRÍGUEZ, CUFF and WEISSBARD.

The opinion of the court was delivered by

RODRÍGUEZ, A. A., J.A.D.

In this appeal we hold that in a criminal case, if facts are stipulated, the judge should not tell the jurors that they are "bound" by such stipulated facts, if to do so would result in a directed verdict of any element of an offense charged. Nonetheless, we affirm the conviction because the judge advised the jurors repeatedly that the State had the burden of proving each element of the...

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