the ‘right of a citizen of one state to pass through, or reside in any other state, for purposes of trade, agriculture, professional pursuits, or otherwise.’ ” Massachusetts Council of Construction Employers, Inc., 384 Mass. at 475. For example compare Baldwin, 436 U.S. 371, which allowed out-of-state hunters to be charged a substantially higher licensing fee with Toomer v. Witsell, 334 U.S. 385 (1948), which negated a substantial differential in licensing fees for commercial shrimp fishing because the Baldwin Court recognized a constitutional difference between recreational activity and the pursuit of a livelihood. Massachusetts Council of Construction Employers, Inc., 384 Mass. at 475. Compare also, Ostrager v. State Bd. of Control, 99 Cal.App.3d 1, 5, 160 Cal.Rptr. 317 (1979) (<HOLDING>), with State v. Nolfi, 141 N.J.Super. 528,
holding it is fundamental error to convict a defendant of crime not charged and which is not a lesser included offense of the charged crime holding that participation in a state compensation program for victims of crime was not fundamental holding that the offense of sexual battery requires the state prove the victims lack of consent regardless of the victims age and charge the jury on the same holding that the crime victims compensation act which compensated innocent victims of criminal acts was an attempt to remedy that situation and therefore applied retroactively holding that the impact upon the victims is relevant to circumstances of the crime