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STATE v. RANGEL

No. A-2051-09T3.

25 A.3d 1183 (2011)

422 N.J. Super. 1

STATE of New Jersey, Plaintiff-Respondent, v. Eric Clemente RANGEL a/k/a Hugo Olivares, Defendant-Appellant.

Superior Court of New Jersey, Appellate Division.

Decided August 22, 2011.

Attorney(s) appearing for the Case

Yvonne Smith Segars , Public Defender, attorney for appellant ( Michael C. Kazer , Designated Counsel, on the brief).

Robert A. Bianchi , Morris County Prosecutor, attorney for respondent ( Paula Jordao , Assistant Prosecutor, on the brief).

Before Judges A.A. RODRÍGUEZ, LeWINN and COBURN.

The opinion of the court was delivered by

LeWINN, J.A.D.

This appeal requires us to interpret language in the sexual assault statute, namely N.J.S.A. 2C:14-2(a)(3), which elevates the offense to first-degree aggravated sexual assault if

an act of sexual penetration of another person is committed under . . . the following circumstance[ ]: . . . [t]he act is committed during the commission, or attempted commission . . . of robbery, kidnapping...

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