STATE OF NEW JERSEY VS. BENIGNO RIVERA(15-09-1143, MIDDLESEX COUNTY AND STATEWIDE)
A-5579-15T2
N.J. Super. App. Div. UOct 18, 2017Background
- Defendant Benigno Rivera was convicted by jury of operating a motor vehicle during a period of license suspension resulting from a second or subsequent DWI, a 2C:40-26(b) offense.
- Sgt. Hoppe observed Rivera driving a 2003 Saturn and confirmed Rivera’s license was suspended for DWI; Rivera admitted he could not drive.
- A DMV supervisor testified Rivera’s driving abstract showed four prior license suspensions for DWI, the most recent lasting ten years starting Jan 9, 2008.
- Rivera had prior notice during sentencing about enhanced penalties for driving while suspended due to DWI and signed acknowledgment of the consequences.
- Rivera was also convicted of a separate motor vehicle violation for driving with a suspended license (39:3-40), with a concurrent 10-day sentence and $1,000 fine.
- The trial court did not merge the 39:3-40 violation with the 2C:40-26(b) conviction; the issue was later addressed on appeal with remand for merger.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Limiting instruction for Hoppe's two dealings | Rivera | Rivera | Plain error not established; no effect on outcome |
| Limiting instruction for prior notice at hearing | Rivera | Rivera | Plain error not established; overwhelming evidence of guilt |
| Merger of motor vehicle offense with indictable offense | Rivera | Rivera | Merger appropriate; remand for resentencing |
Key Cases Cited
- State v. Williams, 168 N.J. 323 (2001) (plain error standard applied to assess potential prejudice)
- State v. Burns, 192 N.J. 312 (2007) (totality-of-the-charge and strength-of-the-state evidence considerations)
- State v. Chapland, 187 N.J. 289 (2006) (limits on inferences from prior bad-acts evidence; limiting instructions)