State v. Irizzary

Supreme Court of New Jersey

State v. Irizzary

526 A.2d 123, 107 N.J. 28, 1986 N.J. LEXIS 2206

DecidedNovember 3, 1986

StatusPublished

This text of 526 A.2d 123 (State v. Irizzary) 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. Irizzary, 526 A.2d 123, 107 N.J. 28, 1986 N.J. LEXIS 2206 (N.J. 1986).

Pincite

Opinion

The Court having reviewed the sentencing transcript and the arguments of counsel, and the Court being of the view that the sentencing judge mistakenly construed N.J.S.A. 2C:43-6(c) to require the imposition of a parole ineligibility term that was one-half of the total sentence imposed on defendant;

It is ORDERED that the petition for certification is granted, and the matter is summarily remanded for resentencing, at which time the sentencing judge shall fix an appropriate minimum parole ineligibility term that pursuant to the statute, is “at, or between, one-third and one-half of the [nine-year] sentence imposed by the court.”

Jurisdiction is not retained.

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The Court having reviewed the sentencing transcript and the arguments of counsel, and the Court being of the view that the sentencing judge mistakenly construed N.J.S.A. 2C:43-6(c) to require the imposition of a parole ineligibility term that was one-half of the total sentence imposed on defendant;

It is ORDERED that the petition for certification is granted, and the matter is summarily remanded for resentencing, at which time the sentencing judge shall fix an appropriate minimum parole ineligibility term that pursuant to the statute, is “at, or between, one-third and one-half of the [nine-year] sentence imposed by the court.”

Jurisdiction is not retained.

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Bluebook (online)

526 A.2d 123, 107 N.J. 28, 1986 N.J. LEXIS 2206, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-irizzary-nj-1986.