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STATE v. BROWN

853 A.2d 260 (2004)

180 N.J. 572

STATE of New Jersey, Plaintiff-Appellant, v. Kevin BROWN, Defendant-Respondent.

Supreme Court of New Jersey.

Decided August 5, 2004.

Attorney(s) appearing for the Case

H. John Witman, III, Deputy Attorney General, argued the cause for appellant (Peter C. Harvey, Attorney General of New Jersey, attorney).

Stephen A. Caruso, Assistant Deputy Public Defender, argued the cause for respondent (Yvonne Smith Segars, Public Defender, attorney; Mr. Caruso and Steven M. Gilson, Designated Counsel, on the briefs).

Justice WALLACE delivered the opinion of the Court.

The issue presented is whether a defendant tried before a jury on the sole charge of second-degree possession of a weapon by a convicted person must be tried in a bifurcated trial, wherein the possession of a weapon element would be tried during the first stage of trial without reference to defendant's prior criminal history, and the previous conviction element would be tried during the second stage. Here, the Law...

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