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STATE v. DIXON

125 N.J. 223 (1991)

593 A.2d 266

STATE OF NEW JERSEY, PLAINTIFF-RESPONDENT, v. PHILLIP DIXON, DEFENDANT-APPELLANT.

The Supreme Court of New Jersey.

Decided July 25, 1991.

Attorney(s) appearing for the Case

Paul M. Klein, Deputy Public Defender II, and Marcia Blum, Assistant Deputy Public Defender, argued the cause for appellant (Wilfredo Caraballo, Public Defender, attorney; Paul M. Klein, Marcia Blum, and Claudia Van Wyk, Deputy Public Defender II, on the briefs).

Chana Barron, Deputy Attorney General, argued the cause for respondent (Robert J. Del Tufo, Attorney General of New Jersey, attorney).

The opinion of the Court was delivered by O'HERN, J.

In this capital case the State does not disagree that the death sentence must be vacated. Point XIII of the State's brief summarizes the point:

Defendant contends that the trial court's charge during the penalty phase with respect to the jury's consideration of mitigating factors was erroneous in that it required the jury to unanimously find an alleged mitigating factor before it could be considered. The...

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