March 21, 2011

State v. Dashawn Miller (A-94-09)

State v. Dashawn Miller (A-94-09)

(1) The trial court did not err in replaying video- recorded witness testimony at the jury’s request; (2) the jury charge concerning defendant’s decision not to testify was not plain error; and (3) the court mistakenly did not address the Yarbough factors and its reasoning for imposing consecutive sentences cannot be sufficiently discerned from the record. Thus, defendant’s conviction is affirmed and the case is remanded for resentencing.

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