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STATE v. HORTON

199 N.J. Super. 368 (1985)

489 A.2d 1164

STATE OF NEW JERSEY, PLAINTIFF-RESPONDENT, v. PRINCE HORTON, DEFENDANT-APPELLANT.

Superior Court of New Jersey, Appellate Division.

Decided February 22, 1985.

Attorney(s) appearing for the Case

Jacqueline E. Turner, Assistant Deputy Public Defender argued the cause for appellant (Joseph H. Rodriguez, Public Defender, attorney; Jacqueline E. Turner, of counsel and on the brief).

Abbie P. Maliniak, Deputy Attorney General argued the cause for respondent (Irwin I. Kimmelman, Attorney General of New Jersey, attorney; Abbie P. Maliniak, of counsel and on the brief).

Before Judges McELROY and DREIER.

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

Defendant appeals from a conviction on three counts of armed robbery in violation of N.J.S.A. 2C:15-1. He was sentenced to three concurrent terms of 20 years each, with a 10 year parole ineligibility and assessed a $75 penalty payable to the Violent Crimes Compensation Board. We have determined that the conviction must be reversed and the matter retried.

On February 18, 1981, three men wearing...

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