Samples v. State

Although I agree with the majority’s holding that there is substantial evidence to support a finding that the appellant was at least 18 years of age at the time of the offense, I do not agree that such a finding need be based on the evidence submission form, which purports only to be a receipt for the victim’s underwear upon delivery thereof to the State Crime Laboratory. Instead, I would join the third group of jurisdictions mentioned in State In Interest of A.N., 630 A.2d 1183 (N.J. Super. 1993), and hold that the appellant’s physical appearance could be considered as proof of age and that,…