State v. Kinney

Supreme Court of New Jersey

State v. Kinney

527 A.2d 1390, 108 N.J. 189, 1987 N.J. LEXIS 1598

Supreme Court of New Jersey·Decided June 9, 1987·Published

Opinion

It appearing from the papers that the State acknowledges that the sentencing court was of the belief that its imposition of a life sentence on defendant’s conviction for murder was mandatory, and good cause otherwise appearing;

It is ORDERED that the petition for certification is granted, and that the judgment of the Appellate Division, is summarily reversed; and it is further

ORDERED that defendant’s sentence is vacated, and the matter is remanded to the trial court for resentencing in accordance with N.J.S.A. 2C:11-3b. See State v. Biegenwald, 96 N.J. 630, 635 (1984).

Jurisdiction is not retained.

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It appearing from the papers that the State acknowledges that the sentencing court was of the belief that its imposition of a life sentence on defendant’s conviction for murder was mandatory, and good cause otherwise appearing;

It is ORDERED that the petition for certification is granted, and that the judgment of the Appellate Division, is summarily reversed; and it is further

ORDERED that defendant’s sentence is vacated, and the matter is remanded to the trial court for resentencing in accordance with N.J.S.A. 2C:11-3b. See State v. Biegenwald, 96 N.J. 630, 635 (1984).

Jurisdiction is not retained.

State v. Kinney, 527 A.2d 1390, 108 N.J. 189, 1987 N.J. LEXIS 1598 (N.J. 1987).

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Opinion

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