STATE OF NEW JERSEY v. WILLIE WOODS

 

NOT FOR PUBLICATION WITHOUT THE

APPROVAL OF THE APPELLATE DIVISION

SUPERIOR COURT OF NEW JERSEY

APPELLATE DIVISION

DOCKET NO. A-5947-04T55947-04T5

STATE OF NEW JERSEY,

Plaintiff-Appellant,

v.

WILLIE WOODS,

Defendant-Respondent.

________________________________________________________

 

Submitted January 10, 2006 - Decided January 26, 2006

Before Judges Coburn and S.L. Reisner

On appeal from the Superior Court of New Jersey,

Law Division, Hudson County, Indictment

No. 1607-09-04.

Edward J. De Fazio, Hudson County Prosecutor,

attorney for appellant (Stephanie Davis Elson,

Assistant Prosecutor, on the brief).

Yvonne Smith Segars, Public Defender, attorney

for respondent (Stephen A. Caruso, Assistant

Deputy Public Defender, of counsel and on

the brief).

PER CURIAM

By order dated June 30, 2005, Judge Fred J. Theemling, Jr., admitted defendant into the pretrial intervention program over the State's objection. The State appeals, contending that the judge abused his discretion.

After carefully considering the record and briefs, we are satisfied that the State's arguments are without sufficient merit to warrant consideration in a written opinion, R. 2:11-3(e)(2), and we affirm substantially for the reasons expressed by Judge Theemling in his thorough and well-reasoned oral opinion of June 13, 2005. He quite properly emphasized the State's complete failure to consider defendant's individual characteristics and how they bear favorably on his amenability to rehabilitation. See State v. Baynes, 148 N.J. 434, 442 (1997).

 
Affirmed.

(continued)

(continued)

2

A-5947-04T5

January 26, 2006