STATE v. KELLY

A-24 September Term 2009

992 A.2d 776 (2010)

201 N.J. 471

STATE of New Jersey, Plaintiff-Respondent, v. Duane KELLY, a/k/a Dwayne A. Kelly, Defendant-Appellant.

Supreme Court of New Jersey.

Decided May 4, 2010.


Attorney(s) appearing for the Case

Jay L. Wilensky, Assistant Deputy Public Defender, argued the cause for appellant (Yvonne Smith Segars, Public Defender, attorney).

Joie D. Piderit, Special Deputy Attorney General, argued the cause for respondent (Paula T. Dow, Attorney General of New Jersey, attorney; Ms. Piderit and Natalie A. Schmid Drummond, Deputy Attorney General, on the brief).

Duane Kelly submitted a letter brief pro se.


Justice ALBIN delivered the opinion of the Court.

In this case, a jury convicted defendant Duane Kelly of committing multiple crimes, including two murders and a robbery. Based on the court's instructions, the jury could only have found that those crimes were committed with the use of a.357 or .38 caliber handgun. The jury, however, acquitted defendant of both having unlawfully possessed that weapon and having possessed it for the purpose of committing the murders...

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