State v. Press

Supreme Court of New Jersey

State v. Press

819 A.2d 1185, 176 N.J. 68, 2003 N.J. LEXIS 211

CourtSupreme Court of New Jersey

DecidedFebruary 20, 2003

StatusPublished

Cited by1 cases

This text of 819 A.2d 1185 (State v. Press) 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. Press, 819 A.2d 1185, 176 N.J. 68, 2003 N.J. LEXIS 211 (N.J. 2003).

Pincite

Opinion

This matter having come before the Court on a grant of defendant’s petition for certification,

And the Court having considered the record below and the written and oral arguments of counsel,

And counsel having reported that all of the participants agree that the sentencing court had the discretionary authority to impose a sentence lower than that recommended by the prosecutor, provided that sentence was not less than the mandatory minimum, or five years with a three-year parole ineligibility period,

And counsel having recommended that the matter be remanded to the trial court for reconsideration and resentencing,

And good cause appearing;

IT IS ORDERED that the within matter is remanded to the trial court for reconsideration of defendant’s sentence in light of the court’s discretionary authority. The court may also include reconsideration of the mandatory minimum and the prosecutor’s refusal to waive the mandatory extended term.

Jurisdiction is not retained.

Chief Justice PORITZ and Justices COLEMAN, LONG, VERNIERO, LaVECCHIA, ZAZZALI and ALBIN join in this decision.

Free access — add to your briefcase to read the full text and ask questions with AI