State v. Ferrara
This text of 484 A.2d 13 (State v. Ferrara) is published on Counsel Stack Legal Research, covering New Jersey Superior Court Appellate Division primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.
Opinion
The State purports to appeal from a final judgment imposing a probationary sentence upon defendant’s conviction for possession of heroin with intent to distribute {N.J.S.A. 24:21-19(a)(l)).
We need not determine whether N.J.S.A. 2C:44-l(f)(2) permits the State to appeal from a probationary sentence imposed for a Title 24 offense. Here, as part of the plea agreement, the State agreed to remain silent at the time of sentence, and it did so. The present appeal not only would project issues not raised in the trial court but would contravene the State’s commitment to remain silent as to sentence. The State may not invoke N.J.S.A. 2C:44-l(f)(2) to challenge a sentence in violation of such a commitment.
The appeal is therefore dismissed.
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Cite This Page — Counsel Stack
484 A.2d 13, 197 N.J. Super. 1, 1984 N.J. Super. LEXIS 1207, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-ferrara-njsuperctappdiv-1984.