STATE OF NEW JERSEY IN THE INTEREST OF T.E.

 

NOT FOR PUBLICATION WITHOUT THE

APPROVAL OF THE APPELLATE DIVISION

SUPERIOR COURT OF NEW JERSEY

APPELLATE DIVISION

DOCKET NO. A-1440-04T41440-04T4

STATE OF NEW JERSEY

IN THE INTEREST OF T.E.,

Juvenile-Appellant.

_____________________________

 

Submitted October 24, 2006 - Decided November 6, 2006

Before Judges Skillman and Lisa.

On appeal from Superior Court of New Jersey, Chancery Division, Family Part, Burlington County, FJ-03-944-04.

Yvonne Smith Segars, Public Defender, attorney for appellant (Ingrid A. Enriquez, Designated Counsel, on the brief).

Robert D. Bernardi, Burlington County Prosecutor, attorney for respondent State of New Jersey (Jason D. Saunders, Assistant Prosecutor, of counsel and on the brief).

PER CURIAM

After a bench trial, the trial court found that the juvenile, T.E., had committed an act of delinquency which, if committed by an adult, would constitute attempted criminal sexual contact, in violation of N.J.S.A. 2C:5-1(a) and N.J.S.A. 2C:14-3(b). The court sentenced the juvenile to a two-year term of probation, conditioned upon his attendance and completion of the "Safe Youth Program."

On appeal, the juvenile presents the following arguments:

I. BECAUSE THERE WAS NO EVIDENCE THAT THE DEFENDANT INTENDED TO EITHER FULFILL HIS OWN SEXUAL GRATIFICATION OR CAUSE THE VICTIM DEGRADATION OR HUMILIATION WHEN HE TOUCHED HER, THE STATE FAILED TO PROVE ITS CASE BEYOND A REASONABLE DOUBT, AND AS SUCH, THE ADJUDICATION OF DELINQUENCY FOR ATTEMPTED CRIMINAL SEXUAL CONTACT MUST BE REVERSED.

II. THE TRIAL JUDGE ABUSED HIS DISCRETION IN SENTENCING THE DEFENDANT TO TWO YEARS PROBATION.

We affirm the adjudication of delinquency substantially for the reasons set forth in Judge Sullivan's oral opinion of April 26, 2004. The trial court did not abuse its discretion in imposing a two-year probationary term upon defendant.

Affirmed.

 

(continued)

(continued)

2

A-1440-04T4

RECORD IMPOUNDED

November 6, 2006