STATE OF NEW JERSEY VS. JUSTIN C. ANGELINO(13-06-1855, CAMDEN COUNTY AND STATEWIDE)
A-4791-14T4
| N.J. Super. Ct. App. Div. | Oct 18, 2017Background
- Defendant Justin C. Angelino was indicted on multiple counts arising from an armed robbery and brutal attack on his biological father, including attempted murder, robbery, conspiracy, aggravated assault, and weapons offenses.
- After a two-week trial with eleven witnesses, the jury convicted Angelino of robbery (count two), conspiracy to commit robbery (count three), aggravated assault (counts four and five), and unlawful possession of an imitation firearm (count eight); other counts were acquitted or later merged.
- The trial court merged one aggravated assault count with robbery and sentenced Angelino to an aggregate 15-year term subject to an 85% parole ineligibility under the No Early Release Act, with one aggravated assault term consecutive; some sentence adjustments were made post-judgment.
- During deliberations the jury requested playback of defendant’s statement, asked about accomplice liability, and later reported an impasse; the judge gave the Model Czachor charge (Judge’s Instruction on Further Jury Deliberations) and the jury returned a verdict about two hours later.
- On appeal Angelino raised (1) that the court should have declared a mistrial or conducted voir dire after the jury reported an impasse, (2) that his sentence was excessive and the court failed to find mitigating factor b(4) based on his disadvantaged upbringing, and (3) that the conspiracy conviction should merge with the underlying robbery.
- The Appellate Division affirmed the convictions, rejected the jury-coercion claim, found the sentencing determinations supported by the record, but agreed the conspiracy conviction should merge with the robbery and remanded for resentencing.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Jury deadlock: appropriateness of further charge (Czachor charge) | State: Trial court properly exercised discretion and followed Model charge to encourage deliberation | Angelino: Judge coerced verdict by failing to ask jurors if further deliberation would be futile and by not declaring mistrial | Court: No abuse of discretion; Czachor charge appropriate given short deliberation time and two-week trial; verdict not coerced |
| Voir dire after jury reported impasse / mistrial | State: No requirement to voir dire; judge’s supplemental instruction sufficed | Angelino: Court should have voir dired jurors in open court or declared mistrial when jury said impasse | Held: Defendant didn’t object at trial; plain-error review finds no reasonable likelihood of unjust result; no mistrial required |
| Sentencing: failure to find mitigating factor N.J.S.A. 2C:44-1(b)(4) (disadvantaged upbringing) | State: Sentencing findings supported by competent, credible evidence; guidelines followed | Angelino: Judge erred by not finding substantial grounds tending to excuse or justify conduct based on foster-care upbringing | Held: No abuse of discretion; record supports sentencing findings; claim lacks merit warranting reversal |
| Merger: whether conspiracy must merge with underlying robbery | State: Concedes merger appropriate | Angelino: Conspiracy should merge with robbery under merger statute | Held: Conspiracy conviction must merge with robbery under N.J.S.A. 2C:1-8(a)(2); remand for resentencing |
Key Cases Cited
- State v. Czachor, 82 N.J. 392 (NJ 1980) (disapproved coercive Allen charge; endorsed ABA-guided instructions for juries at impasse)
- State v. Figueroa, 190 N.J. 219 (NJ 2007) (trial court may order continued deliberations but must avoid coercion)
- State v. Ross, 218 N.J. 130 (NJ 2014) (guidance on applying Czachor factors; review of supplemental jury instructions)
- State v. Miller, 205 N.J. 109 (NJ 2011) (standard and scope of appellate review of sentencing)
- State v. Fuentes, 217 N.J. 57 (NJ 2014) (abuse of discretion standard for sentencing review)