State v. Rangel, A-88 September Term 2011; Supreme Court; opinion by Albin, J.; decided April 29, 2013. On certification to the Appellate Division, 422 N.J. Super. 1 (App. Div. 2011). [Sat below: Judges A.A. Rodríguez, LeWinn and Coburn in the Appellate Division; Judge Ahto in the Law Division.] DDS No. 14-1-9768 [26 pp.]
After assaulting P.F., Eric Clemente Rangel was indicted for first-degree aggravated sexual assault, N.J.S.A. 2C:14-2(a)(3); second-degree attempted aggravated sexual assault, 2C:5-1(a)(3) and 2C:14-2(a)(3); second-degree sexual assault, 2C:14-2(c)(1); second-degree aggravated assault, 2C:12-1(b)(1); and fourth-degree obstructing the administration of law, 2C:29-1.1. The trial court denied defendant’s motion for a judgment of acquittal at the end of the state’s case, finding that (a)(3) includes aggravated assault on the victim. Defendant was convicted on all counts.
