Opinion
No. 03-P-130.
October 14, 2004.
DECISION PURSUANT TO RULE 1:28
The judgments of conviction for the breaking and entering offense and for larceny in a building are affirmed. As to the charge of malicious destruction or injury to property, the judgment is reversed, the verdict is set aside, and judgment shall enter for the defendant. A determination shall be made whether the sentences imposed for the breaking and entering offense and for larceny in a building are affected by vacating the sentence for the malicious destruction of property, and resentencing shall occur if necessary.