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State v. Taylor

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NOT FOR PUBLICATION WITHOUT THE APPROVAL OF THE APPELLATE DIVISION

Argued March 12, 2002

Following a jury trial, defendant John Taylor was found guilty of murder (N.J.S.A. 2C:11-3a(1) and (2)) (Count 1); second-degree conspiracy to commit aggravated assault (N.J.S.A. 2C:5-2 and N.J.S.A. 2C:12-1(b)(1)) (Count 2); second-degree aggravated assault (N.J.S.A. 2C:12-1(b)(1)) (Count 3); third- degree conspiracy to commit aggravated assault with a deadly weapon (N.J.S.A. 2C:5-2 and N.J.S.A. 2C:12-1(b)(2)) (Count 4); third-degree aggravated assault with a deadly weapon (N.J.S.A. 2C:12-1(b)(2)) (Count 5); fourth-degree unlawful possession of a weapon (N.J.S.A. 2C:39-5(d)) (Count 6); third-degree possession of a weapon for an unlawful purpose (N.J.S.A. 2C:39-4(d)) (Count 7); and fourth-degree obstructing justice (N.J.S.A. 2C:29-1) (Count 12).*fn1 After merging the convictions on counts two through seven into count one, the trial court sentenced defendant to a life term of imprisonment with a thirty-year parole disqualifier on the surviving murder count and a concurrent eighteen-month term on count twelve. On the same day, the trial court sentenced defendant on a violation of probation*fn2 to a four-year term of imprisonment, which was to run consecutively to the sentence imposed for the murder conviction. Defendant appeals. We reverse defendant’s conviction for purposeful or knowing murder and for the offenses merged therein because: (1) the prosecutor elicited testimony from the investigating police officer that other unidentified, non-testifying individuals had implicated defendant in the murder; (2) the trial court erroneously admitted into evidence a videotape depicting the last three and one-half minutes of the victim’s life on the basis of a brief “dying declaration” that was testified to by three other witnesses; and (3) the trial court failed to charge the jury on passion- provocation manslaughter even though the evidence clearly indicated a basis for that charge. These errors affect the remaining conviction for obstruction of justice, which we also reverse.

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