On May 7, 2004, Christopher Schoonhoven, age twenty-four, and his two roommates held a barbeque at their apartment at 57 J. 458, 466 (2005), for a determination whether a lesser sentence would be imposed in the absence of the presumptive term. Defendant appeals and we affirm the judgment of conviction but remand for resentencing in accordance with State v. The trial judge merged the resisting arrest conviction with the Count One aggravated assault conviction and sentenced defendant to two concurrent five-year terms with two years of parole ineligibility on the first and second count convictions. 2C:12-1(b)(5)(a) (Counts One and Two), and fourth-degree resisting arrest as a lesser-included offense of third-degree resisting arrest, N.J.S.A. Bocchini, Jr., Mercer County Prosecutor, attorney for respondent (Dorothy Hersh, Assistant Prosecutor, on the brief).įollowing a jury trial, defendant, Edward McEwen, was convicted of two counts of third-degree aggravated assault, N.J.S.A. ![]() Wroblewski, Designated Counsel, on the brief). Yvonne Smith Segars, Public Defender, attorney for appellant (Michael C.
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