STATE OF NEW JERSEY VS. EARL L. KELLY (22-03-0145, MORRIS COUNTY AND STATEWIDE) (REDACTED)

Summary

In this appeal, the New Jersey Appellate Division reviewed the convictions and sentence of Earl L. Kelly for second-degree possession of a weapon for an unlawful purpose, second-degree unlawful possession of a weapon, and third-degree criminal restraint.

A jury acquitted Kelly of first-degree robbery and multiple counts of first-degree sexual assault but convicted him on the above charges. The trial court imposed concurrent eight-year prison terms with four years of parole ineligibility for the weapons offenses and a consecutive four-year term for criminal restraint.

On appeal, Kelly argued:

• His conviction for possession of a weapon for an unlawful purpose should be reversed under State v. Jenkins because the jury’s acquittals on the related charges eliminated the identified unlawful purpose, leaving the verdict based on speculation.
• The trial court erred in refusing to merge the unlawful-purpose conviction with the proven purpose of criminal restraint; if not merged, the criminal restraint sentence should run concurrently.
• The trial court failed to explain the overall fairness of imposing consecutive sentences under the Yarbough factors.

The Appellate Division rejected the first claim, finding that the evidence supported the jury’s conclusion regarding unlawful purpose independent of the acquitted charges. However, it agreed that the trial court did not adequately address merger and the fairness of consecutive sentences.

Held: Convictions affirmed; sentence vacated in part and remanded for resentencing to reconsider merger and to explain the decision on consecutive versus concurrent terms under Yarbough.