STATE OF NEW JERSEY IN THE INTEREST OF D.J.

 

NOT FOR PUBLICATION WITHOUT THE

APPROVAL OF THE APPELLATE DIVISION

SUPERIOR COURT OF NEW JERSEY

APPELLATE DIVISION

DOCKET NO. A-5428-03T45428-03T4

STATE OF NEW JERSEY

IN THE INTEREST OF D.J.,

__________________________________

 

Submitted: October 31, 2005 - Decided:

Before Judges Cuff and Parrillo.

On appeal from the Superior Court of New Jersey, Chancery Division, Family Part, Essex County, Docket Nos. FJ-07-1441-04 & FJ-07-4321-04.

Yvonne Smith Segars, Public Defender, attorney for appellant D.J. (Seon Jeong Lee, Assistant Deputy Public Defender, of counsel and on the brief).

Paula T. Dow, Essex County Prosecutor, attorney for respondent State of New Jersey (Kenneth P. Ply, Assistant Prosecutor, on the brief).

PER CURIAM

D.J. was adjudicated delinquent for acts which, if committed as an adult, would constitute receiving stolen property (a motor vehicle), contrary to N.J.S.A. 2C:20-7; resisting arrest, contrary to N.J.S.A. 2C:29-2a; two counts of aggravated assault on a police officer, contrary to N.J.S.A. 2C:12-1b(5)(a); eluding, contrary to N.J.S.A. 2C:29-2b; and possession of burglary tools, contrary to N.J.S.A. 2C:5-5a. Judge Cassini ordered that D.J. be transferred to the New Jersey Training School for Boys for two years.

On appeal, D.J. presents the following arguments:

POINT I

BECAUSE THE STATE FAILED TO PROVE BEYOND A REASONABLE DOUBT THAT D.J. WAS THE DRIVER OF THE ALLEGEDLY STOLEN VEHICLE, THE ADJUDICATIONS OF DELINQUENCY ON THE CHARGES OF RECEIVING STOLEN PROPERTY, AGGRAVATED ASSAULT, AND ELUDING MUST BE VACATED.

POINT II

BECAUSE THE STATE FAILED TO PROVE BEYOND A REASONABLE DOUBT THE ELEMENTS OF POSSESSION OF BURGLARY TOOLS, THE ADJUDICATION FOR DELINQUENCY ON THAT CHARGE MUST BE VACATED.

We have reviewed the record in its entirety and conclude that these arguments are without sufficient merit to warrant discussion in a written opinion. R. 2:11-3(e)(2). Therefore, the adjudication of delinquency is affirmed.

Affirmed.

 

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A-5428-03T4

RECORD IMPOUNDED

November 4, 2005