RECORD IMPOUNDED NOT FOR PUBLICATION WITHOUT THE APPROVAL OF THE APPELLATE DIVISION This opinion shall not "constitute precedent or be binding upon any court."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-0434-17T4 STATE OF NEW JERSEY, Plaintiff-Respondent, v. GERALD B. WILSON, Defendant-Appellant. _________________________ Submitted December 17, 2019 – Decided January 30, 2020 Before Judges Yannotti, Currier and Firko. On appeal from the Superior Court of New Jersey, Law Division, Cumberland County, Indictment No. 13-05- 0452. Joseph E. Krakora, Public Defender, attorney for appellant (Cody Tyler Mason, Assistant Deputy Public Defender, of counsel and on the briefs). Jennifer Webb-McRae, Cumberland County Prosecutor, attorney for respondent (Stephen Christopher Sayer, Assistant Prosecutor, of counsel and on the brief). PER CURIAM Defendant Gerald Wilson appeals from his convictions for first-degree aggravated sexual assault, N.J.S.A. 2C:14-2(a)(2)(c) (count one); second-degree child endangerment, N.J.S.A. 2C:24-4(a) (count two); two counts of third- degree witness tampering, N.J.S.A. 2C:28-5(a)(1) (counts three and four); two counts of third-degree terroristic threats, N.J.S.A. 2C:12-3(b) (counts five and six); second-degree sexual assault, N.J.S.A. 2C:14-2(c)(1) (count seven); third- degree criminal restraint, N.J.S.A. 2C:13-2(a) (count eight); and second-degree kidnapping, N.J.S.A. 2C:13-1(b) (count nine). We affirm the convictions but reverse the imposition of the $30 per month Sex Offender Supervision Fund (SOSF) penalty, which was improperly assessed. We also remand and direct the judge to conduct a hearing on defendant's ability to pay restitution to the Victims of Crime Compensation Office (VCCO) and on the penalty for the Sex Crimes Victim Treatment Fund (SCVTF), and to amend the judgment of conviction (JOC). I. We discern the following facts from the evidence adduced at trial. Defendant was married to C.M. 1 in 2008. C.M. has two daughters from a prior relationship, J.P., a minor, and M.P., an older daughter who did not live with the 1 We use initials to identify C.M. and others involved. See R. 1:38-3(c)(9). A-0434-17T4 2 couple, and a minor son, O.P. After marrying defendant, C.M. and her two minor children moved in with defendant. He began sexually abusing J.P. almost immediately. C.M. and her children are undocumented immigrants from Mexico. The morning of November 10, 2009, defendant and C.M. left their home for work while J.P. and O.P. were still asleep. Approximately twenty minutes later, C.M. returned home because she forgot something. Upon her arrival, C.M. found defendant standing partially undressed with J.P. on the bed in her underwear. C.M. accused defendant of sexually abusing her daughter. Later that day, J.P. told her mother that defendant had been sexually assaulting her for a year and a half and repeatedly forced her to have oral and vaginal sex with him. J.P. also reported to her mother that when J.P refused to have sex with defendant, he threatened to kill her with a gun, then dragged her by the hair into the bedroom and forced ...
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