State v. Johnson

The opinion of the court was delivered by

BROCHIN, J.A.D.

Defendant Darren Johnson was charged with second degree aggravated assault, N.J.S.A. 2C:12-1.b.1 He thereupon sought to apply to the Mercer County Prosecutor’s Office for admission to the Pretrial Intervention Program. See N.J.S.A. 2C:43-12 et seq.; R. 3:28 and the guidelines thereunder. The prosecutor replied:

As you state, and as our records indicate, [defendant! received a conditional discharge for a marijuana offense in 1993. Pursuant to R. 3:28, guideline 3(g), a defendant who has previously received diversionary treatment is…