NOT FOR PUBLICATION WITHOUT THE APPROVAL OF THE APPELLATE DIVISION This opinion shall not "constitute precedent or be binding upon any court."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-3276-18T4 STATE OF NEW JERSEY, Plaintiff-Appellant/ Cross-Respondent, v. ISAAC WOOD, III, Defendant-Respondent/ Cross-Appellant. ____________________________ Submitted October 10, 2019 – Decided September 15, 2020 Before Judges Fuentes, Haas, and Mayer. On appeal from the Superior Court of New Jersey, Law Division, Mercer County, Municipal Appeal No. 2018- 09. Angelo J. Onofri, Mercer County Prosecutor, attorney for appellant (Laura Sunyak, Assistant Prosecutor, of counsel and on the briefs). Furlong and Krasny, attorneys for respondent (Scott A. Krasny, on the brief). PER CURIAM At all times relevant to this case, defendant Isaac Wood, III, was a Senior Corrections Officer at the Mercer County Corrections Facility (MCCC). On March 29, 2017, a Mercer County Grand Jury indicted defendant on two counts of second degree official misconduct, N.J.S.A. 2C:30-2a, and one count of third degree tampering with public records or information contrary to N.J.S.A. 2C:28- 7a(1). The indictment also charged Corrections Officer Trachell Syphax, defendant’s then fiancé and now his wife, with two counts of second degree official misconduct, N.J.S.A. 2C:30-2a and N.J.S.A. 2C:30-2b, and one count of third degree tampering with public records or information, N.J.S.A. 2C:28- 7a(1). These charges arose from an altercation involving defendant and Syphax, in their capacity as correction officers, against Rafael Jardines, an inmate at the MCCC. On February 20, 2018, the State dismissed the indictment and issued a summons-complaint charging defendant with simple assault, N.J.S.A. 2C:12- 1a(1), a disorderly persons offense. 1 The State did not file any charges against 1 The State conceded that it commenced the prosecution of the simple assault charges beyond the one-year limitation period codified in N.J.S.A. 2C:1-6b(2). Conversely, defendant, while represented by counsel, waived the statute of limitations as a defense to this charge. A-3276-18T4 2 Syphax. The simple assault charge against defendant was thereafter referred for trial before the Hopewell Township Municipal Court. In a trial conducted on March 27, 2018, the Hopewell Township Municipal Court found defendant guilty of simple assault against Jardines. The Mercer County Prosecutor's Office (MCPO) apprised the municipal court judge that at the time of sentencing, the State would seek a judgment of forfeiture of defendant's public position as a corrections officer pursuant to N.J.S.A. 2C:51- 2(a)(2). This judgment would also permanently disqualify defendant from obtaining any future public employment. On May 1, 2018, the municipal court judge sentenced defendant to pay a $1,000 fine, and mandatory costs and penalties. The municipal court judge also granted the State's application for a judgment of forfeiture of defendant's public position as a corrections officer. In reaching this decision, the municipal court judge applied the forfeiture factors outlined by the Supreme Court in Flagg v. Essex County Prosecutor, 171 N.J. ...
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