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State v. Wray

The question of first impression posed by this appeal is whether the trial bifurcation requirements outlined in State v. Ragland, of an indictment charging a defendant simultaneously with unlawful possession of a weapon, and possession of a weapon by a convicted felon, still apply when the defendant has, during his jury trial on the unlawful weapon possession charge, elected to testify and has been questioned concerning his prior criminal record. Here, after defendant testified, the trial judge elected to "

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NOT FOR PUBLICATION WITHOUT THE APPROVAL OF THE APPELLATE DIVISION

Submitted: October 3, 2000

The question of first impression posed by this appeal is whether the trial-bifurcation requirements outlined in State v. Ragland, 105 N.J. 189, 193-96 (1986) of an indictment charging a defendant simultaneously with unlawful possession of a weapon, N.J.S.A. 2C:39-5b, and possession of a weapon by a convicted felon, N.J.S.A. 2C:39-7, still apply when the defendant has, during his jury trial on the unlawful weapon possession charge, elected to testify and has been questioned concerning his prior criminal record. Here, after defendant testified, the trial judge elected to “reconstitute the case” and submit both the unlawful possession of a weapon and the possession of a weapon by a convicted felon charges simultaneously to the jury.

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