State v. Battisick

Supreme Court of New Jersey
State v. Battisick, 107 N.J. 40 (N.J. 1986)
526 A.2d 132; 1986 N.J. LEXIS 1274

State v. Battisick

Opinion of the Court

A petition for certification having been submitted to this Court, and the Court having noted that N.J.S.A. 2C:43-6(b) provides that a period of parole ineligibility may be imposed pursuant to that section only when the sentencing judge is clearly convinced that the aggravating factors present substantially outweigh the mitigating factors;

And the sentencing judge in this matter having imposed a parole ineligibility term notwithstanding his determination that the aggravating factors present did not substantially outweigh the mitigating factors;

*41It is ORDERED that the petition for certification is granted, and the matter is summarily remanded to the trial court for an appropriate resentencing of defendant.

Jurisdiction is not retained.

Reference

Full Case Name
STATE OF NEW JERSEY v. JOSEPH BATTISICK
Status
Published