State v. Irizzary
Supreme Court of New Jersey
State v. Irizzary, 107 N.J. 28 (N.J. 1986)
526 A.2d 123; 1986 N.J. LEXIS 2206
State v. Irizzary
Opinion of the Court
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 βat, or between, one-third and one-half of the [nine-year] sentence imposed by the court.β
Jurisdiction is not retained.
Reference
- Full Case Name
- STATE OF NEW JERSEY v. ALEX IRIZZARY
- Status
- Published