NOT FOR PUBLICATION WITHOUT THE APPROVAL OF THE APPELLATE DIVISION This opinion shall not "constitute precedent or be binding upon any court ."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-2965-18 A-2966-18 A-3208-18 STATE OF NEW JERSEY, Plaintiff-Respondent, v. MAYRENID HIDALGO- BAUTISTA, a/k/a MAYRENID BAUTISTA, and MAYRENID HIDALGO, Defendant-Appellant. ___________________________ STATE OF NEW JERSEY, Plaintiff-Respondent, v. RODNEY ROSARIO, a/k/a RONNEY ROSARIO, Defendant-Appellant. ___________________________ STATE OF NEW JERSEY, Plaintiff-Respondent, v. ALEJANDRO LOPEZ, a/k/a ALEX LOPEZ, Defendant-Appellant. ___________________________ Submitted February 24, 2021 – Decided June 30, 2021 Before Judges Alvarez and Sumners. On appeal from the Superior Court of New Jersey, Law Division, Union County, Indictment No. 16-11-0792. Joseph E. Krakora, Public Defender, attorney for appellant Mayrenid Hidalgo-Bautista (Michele A. Adubato, Designated Counsel, on the brief). Joseph E. Krakora, Public Defender, attorney for appellant Rodney Rosario (Robert Carter Pierce, Designated Counsel, on the brief). Joseph E. Krakora, Public Defender, attorney for appellant Alejandro Lopez (Frank M. Gennaro, Designated Counsel, on the brief). Lyndsay V. Ruotolo, Acting Union County Prosecutor, attorney for respondent (Michele C. Buckley, Special Deputy Attorney General/Acting Assistant Prosecutor, of counsel and on the briefs). Appellant Rodney Rosario filed a pro se supplemental brief. A-2965-18 2 Appellant Alejandro Lopez filed a pro se supplemental brief. PER CURIAM Co-defendants Mayrenid Hidalgo-Bautista (a/k/a Mayrenid Bautista, Mayrenid Hidalgo), Rodney Rosario (a/k/a Ronney Rosario), and Alejandro Lopez (a/k/a Alex Lopez) appeal their convictions and sentences arising from the November 23, 2013 murder of Jose Luis Disla Cordero. We affirm, except we remand so the judgments of conviction can be corrected. 1 Tried by a jury, Rosario and Lopez were convicted of first-degree murder, N.J.S.A. 2C:11-3(a)(1); conspiracy to commit murder, N.J.S.A. 2C:5-2 and 2C:11-3(a)(1); first-degree felony murder, N.J.S.A. 2C:11-3(a)(3); second- degree burglary, N.J.S.A. 2C:18-2(a)(1); second-degree possession of a weapon for an unlawful purpose, N.J.S.A. 2C:39-4(a)(1); second-degree unlawful possession of a weapon, N.J.S.A. 2C:39-5(b)(1); two counts of third-degree criminal restraint, N.J.S.A. 2C:13-2(a); and two counts of fourth-degree aggravated assault, N.J.S.A. 2C:12-1(b)(4).2 1 Additionally, there appears to be a discrepancy between the judge's sentences for Rosario and Lopez and the judgments of conviction. 2 Lopez and Rosario were acquitted of the aggravated assault and criminal restraint of Cesar Mercado Torres. A-2965-18 3 The trial judge sentenced defendants on January 11, 2019. Rosario received sixty years subject to the No Early Release Act's (NERA) eighty-five percent parole ineligibility requirement, N.J.S.A. 2C:43-7.2, for murder, and terms concurrent to the sixty-year sentence as follows: an eight-year term for burglary, subject to NERA; and an eight-year term for unlawful possession, subject to the Graves Act, N.J.S.A. 2C:43-6.2. He imposed two concurrent four- year terms on the criminal restraint convictions, however, they were to be served consecutive to the sixty-year sentence. Despite merging conspiracy, felony murder, possession of a weapon for an unlawful purpose, and both of the aggravated assault with a …
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