STATE OF NEW JERSEY VS. DENARD C. TRAPP (18-11-1516, MONMOUTH COUNTY AND STATEWIDE)

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NOT FOR PUBLICATION WITHOUT THE APPROVAL OF THE APPELLATE DIVISION This opinion shall not "constitute precedent or be binding upon any court." Although it is posted on the internet, this opinion is binding only on the parties in the case and its use in other cases is limited. R. 1:36-3. SUPERIOR COURT OF NEW JERSEY APPELLATE DIVISION DOCKET NO. A-4178-18 STATE OF NEW JERSEY, Plaintiff-Respondent, v. DENARD C. TRAPP, Defendant-Appellant. ________________________ Submitted March 1, 2021 – Decided July 15, 2021 Before Judges Currier and Gooden Brown. On appeal from the Superior Court of New Jersey, Law Division, Monmouth County, Indictment No. 18-11- 1516. Joseph E. Krakora, Public Defender, attorney for appellant (Stefan Van Jura, Assistant Deputy Public Defender, of counsel and on the brief). Christopher J. Gramiccioni, Monmouth County Prosecutor, attorney for respondent (Carey J. Huff, Assistant Prosecutor, of counsel and on the brief). PER CURIAM Defendant appeals from his conviction of fourth-degree stalking, N.J.S.A. 2C:12, after a jury trial. He also challenges his sentence as excessive. We affirm. The events that led to defendant's charges arose out of his prior ownership of a home in Tinton Falls. He defaulted on the mortgage in 2012, and the court entered a final judgment of foreclosure in 2014. After the property was sold at a sheriff's sale in 2015, defendant sought unsuccessfully to stay his removal three times. In April 2016, defendant was forcibly removed from the property. We affirmed the trial court's order. GDBT 1 Tr. 2011-1 v. Trapp, No. A-1489- 15 (App. Div. July 5, 2017) (slip op. at 1). Despite these orders, the sale of the property, and defendant's removal from the premises, he continued to return to the home. On September 12, 2016, defendant was arrested at the property when he returned there after being advised by law enforcement not to do so on multiple occasions. On that day, defendant nailed a piece of plywood across the property's front door and pushed and wrestled with officers as they attempted to handcuff him. He was subsequently charged with: (1) fourth-degree criminal trespass, N.J.S.A. 2C:18- 3(a); (2) third-degree resisting arrest, N.J.S.A. 2C:29-2(a)(3)(a); and (3) fourth- 2 A-4178-18 degree aggravated assault on a law enforcement officer, N.J.S.A. 2C:12- 1(b)(5)(a). While defendant was out on bail and awaiting trial on the charges arising out of the September 2016 events, the property was sold to Kevin Downey and his girlfriend, Janine Marsico, on August 17, 2018. Because the birth of their second child was imminent, the couple did not go to the property or move in until September 6. On that day, Kevin, Janine, their two-year-old child, and newborn baby were at the home when defendant knocked on their front door. When Janine answered the door, defendant informed her the property was his home and it was "under litigation." Defendant also gave Janine some documents to give to her attorney. Although the interaction lasted only a couple of minutes, Kevin told Janine to shut the door because he found defendant's statements "a little …

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