STATE OF NEW JERSEY v. JERMAINE A. BOWMAN

(NOTE: The status of this decision is published.)
 

NOT FOR PUBLICATION WITHOUT THE

APPROVAL OF THE APPELLATE DIVISION

SUPERIOR COURT OF NEW JERSEY

APPELLATE DIVISION

DOCKET NO. A-1729-06T51729-06T5

STATE OF NEW JERSEY,

Plaintiff-Appellant,

v.

JERMAINE A. BOWMAN,

Defendant-Respondent.

__________________________________________________

 

Argued June 6, 2007 - Decided

Before Judges Stern, A. A. Rodr guez and

Sabatino.

On appeal from the Superior Court of New

Jersey, Law Division, Camden County,

Indictment No. 1180-03-06.

Laurie A. Corson, Special Deputy Attorney

General, Acting Assistant Prosecutor, argued

the cause for appellant (Joshua M. Ottenberg,

Acting Camden County Prosecutor, attorney;

Ms. Corson, of counsel and on the brief).

Respondent Jermaine A. Bowman did not file a

brief.

PER CURIAM

As in State v. Brown, __ N.J. Super. __ (App. Div. 2007), decided today, the State argues:

THE TRIAL COURT ABUSED ITS DISCRETION BY

DISMISSING COUNT ONE OF THE INDICTMENT AND

BY BARRING THE CRIMINAL PROSECUTION OF

TERRORISTIC THREATS BASED ON THE FINDINGS

OF THE FAMILY COURT IN DOMESTIC VIOLENCE

PROCEEDINGS.

In this case, the Family Part dismissed M.B.'s complaint under the Prevention of Domestic Violence Act and vacated the temporary restraining order at the hearing on the final restraining order. A terroristic threat charge stemming from the same incident and embodied in an indictment subsequently returned in the Law Division was dismissed in light of the Family Part's order. Following defendant's guilty plea to and sentencing on weapons offenses, the State appeals from the order of dismissal.

The defendant presents no brief on the appeal, the record reflects no involvement by the Prosecutor's Office in the domestic violence proceeding in the Family Part, and jeopardy never attached on the dismissed count. Accordingly, we reverse the dismissal of the count of the indictment charging terroristic threats, and remand for prosecution in light of State v. Brown, __ N.J. Super. __ (App. Div. 2007), decided today.

Reversed.

 

(continued)

(continued)

2

A-1729-06T5

July 11, 2007