State v. Mirault

The opinion of the Court was delivered by

O’HERN, J.

The central issue here is whether using force or inflicting bodily injury on a police officer investigating a burglary constitutes the assault “upon another” that elevates theft to robbery under N.J.S.A. 2C:15-1. We hold that it does and affirm the judgment below in that respect but modify it with respect to merger of one count of the indictment.

On February 11, 1980, a returning homeowner noticed her front door open and its molding torn off. Before entering, she called the police from a nearby store. A responding patrolman cautioned her to…