After a jury trial, defendant R.A.M. appealed from his second-degree aggravated assault conviction for strangulation of a victim of domestic violence, N.J.S.A. 2C:12-1(b)(13), and resulting six-year prison sentence. Defendant challenged the prosecutor's summation and the trial court's imposed sentence.
Defendant raised a question of first impression regarding the trial court's application of aggravating factor fifteen, N.J.S.A. 2C:44-1(a)(15). The court holds the trial court did not impermissibly double-count defendant's underlying domestic violence related offense in finding aggravating factor fifteen applied because, in addition to the trial court's finding that the jury convicted defendant of an offense involving a domestic violence victim, the trial court separately determined the State established defendant had previously committed an act of domestic violence.
The court also concluded that defendant's arguments that the trial court improperly considered defendant's dismissed charges, that it provided insufficient reasons for the sentencing factors considered, and that the prosecutor's summation amounted to plain error lacked merit.