State v. Lopez

The primary issue on this appeal is whether N.J.S.A. 2C:15-l(a) encompasses so-called “afterthought” robbery—the situation in which a defendant does not formulate the intent to steal until after force is used. Like the Appellate Division, we have concluded that N.J.S.A. 2C:15-l(a) does not encompass afterthought robbery.

I

On March 17, 2002, Luis Rendon was found dead in the Rockaway River as a result of blunt force trauma to the throat and immersion in water. Defendant, Jose Lopez, was arrested and charged with purposeful/knowing murder, N.J.S.A 2C:ll-3(a)(l)~ (2); felony murder, N.J.S.A.…