State v. Battisick

Supreme Court of New Jersey

State v. Battisick

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

Supreme Court of New Jersey·Decided November 17, 1986·Published

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] It 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] It 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.

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

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