State v. Battisick

Supreme Court of New Jersey

State v. Battisick

526 A.2d 132, 107 N.J. 40, 1986 N.J. LEXIS 1274

DecidedNovember 17, 1986

StatusPublished

This text of 526 A.2d 132 (State v. Battisick) is published on Counsel Stack Legal Research, covering Supreme Court of New Jersey primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

State v. Battisick, 526 A.2d 132, 107 N.J. 40, 1986 N.J. LEXIS 1274 (N.J. 1986).

Pincite

Opinion

A petition for certification having been submitted to this Court, and the Court having noted that N.J.S.A. 2C:43-6(b) provides that a period of parole ineligibility may be imposed pursuant to that section only when the sentencing judge is clearly convinced that the aggravating factors present substantially outweigh the mitigating factors;

And the sentencing judge in this matter having imposed a parole ineligibility term notwithstanding his determination that the aggravating factors present did not substantially outweigh the mitigating factors;

[41]*41It is ORDERED that the petition for certification is granted, and the matter is summarily remanded to the trial court for an appropriate resentencing of defendant.

Jurisdiction is not retained.

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A petition for certification having been submitted to this Court, and the Court having noted that N.J.S.A. 2C:43-6(b) provides that a period of parole ineligibility may be imposed pursuant to that section only when the sentencing judge is clearly convinced that the aggravating factors present substantially outweigh the mitigating factors;

And the sentencing judge in this matter having imposed a parole ineligibility term notwithstanding his determination that the aggravating factors present did not substantially outweigh the mitigating factors;

[41]*41It is ORDERED that the petition for certification is granted, and the matter is summarily remanded to the trial court for an appropriate resentencing of defendant.

Jurisdiction is not retained.

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Bluebook (online)

526 A.2d 132, 107 N.J. 40, 1986 N.J. LEXIS 1274, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-battisick-nj-1986.