State v. Proietti

Supreme Court of New Jersey

State v. Proietti

546 A.2d 548, 111 N.J. 634, 1988 N.J. LEXIS 374

DecidedJune 27, 1988

StatusPublished

This text of 546 A.2d 548 (State v. Proietti) 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. Proietti, 546 A.2d 548, 111 N.J. 634, 1988 N.J. LEXIS 374 (N.J. 1988).

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Opinion

This matter having come before the Court on a petition for certification from the judgment of the Appellate Division, and it appearing that both parties agree that the Appellate Division erred in directing the resentence of defendant to a higher degree of burglary than that to which he pled;

It is ORDERED that certification is granted and the judgment of the Appellate Division is summarily reversed insofar as it directs the resentence of defendant to a higher degree of burglary than that to which he pled. The judgment of the [635]*635Appellate Division is otherwise summarily affirmed. On the remand to correct the Graves Act sentence on the theft offense, should the State seek to have defendant resentenced as a repeat Graves Act offender, it shall be bound by the terms of the plea agreement in respect of defendant’s maximum exposure under Count I of Indictment S-718-86.

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This matter having come before the Court on a petition for certification from the judgment of the Appellate Division, and it appearing that both parties agree that the Appellate Division erred in directing the resentence of defendant to a higher degree of burglary than that to which he pled;

It is ORDERED that certification is granted and the judgment of the Appellate Division is summarily reversed insofar as it directs the resentence of defendant to a higher degree of burglary than that to which he pled. The judgment of the [635]*635Appellate Division is otherwise summarily affirmed. On the remand to correct the Graves Act sentence on the theft offense, should the State seek to have defendant resentenced as a repeat Graves Act offender, it shall be bound by the terms of the plea agreement in respect of defendant’s maximum exposure under Count I of Indictment S-718-86.

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Bluebook (online)

546 A.2d 548, 111 N.J. 634, 1988 N.J. LEXIS 374, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-proietti-nj-1988.