STATE OF NEW JERSEY V. DASHAWN MILLER
A-3094-08T4 2-09-10
Defendant's trial on charges of robbery of two victims,
burglary and related weapons offenses was conducted in a
courtroom in which the record is videotaped. During the course
of deliberations, the jurors asked to hear the testimony of one
of the victims again. The trial judge arranged for the jury to
view the video in open court and in the presence of defendant,
both counsel and the judge. The jury ultimately found defendant
guilty of the crimes, and the judge sentenced defendant to an
aggregate term of twenty-eight years, which is comprised of two
fourteen-year terms for first-degree robbery and concurrent
sentences for the remaining convictions.
In rejecting defendant's claim of prejudice from the replay
of the videotaped testimony, we assess the potential for
prejudice in light of the options available to the judge. And,
in affirming his sentence, we apply the standard of review set
forth in State v. Bieniek and State v. Cassady.
