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STATE v. BRANCH

155 N.J. 317 (1998)

714 A.2d 918

STATE OF NEW JERSEY, PLAINTIFF-RESPONDENT, v. HORACE BRANCH, A/K/A BENJAMIN BRANCH, A/K/A HORACE S. BRANCH, A/K/A TONY BROWN, A/K/A TONY HUFF, A/K/A PHIL BLEVINS, DEFENDANT-APPELLANT.

The Supreme Court of New Jersey.

Decided July 28, 1998.

Attorney(s) appearing for the Case

Mark H. Friedman, Assistant Deputy Public Defender, argued the cause for appellant (Ivelisse Torres, Public Defender, attorney).

Raymond W. Hoffman, Assistant Prosecutor, argued the cause for respondent (Patricia A. Hurt, Essex County Prosecutor, attorney).

Kevin H. Marino argued the cause for amicus curiae The Association of Criminal Defense Lawyers of New Jersey (Mr. Marino, attorney; Mr. Marino, Richard E. Shapiro and Roseann Bassler, on the brief).

Marcy H. Geraci, Deputy Attorney General, argued the cause for amicus curiae Attorney General of New Jersey (Peter Verniero, Attorney General, attorney).

Horace Branch submitted a supplemental letter brief, pro se.

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

We granted certification primarily to consider whether a defendant may be convicted of felony murder on the basis of an uncharged predicate felony. A jury convicted defendant, Horace Branch, of the felony murder of a man caught in the cross-fire of a drug-related shootout. Defendant was charged with three separate acts of robbery that could have served as predicates to the felony-murder conviction under N.J.S...

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