Supreme Court of New Jersey, 1986

State v. Battisick

State v. Battisick
Supreme Court of New Jersey · Decided November 17, 1986
107 N.J. 40; 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.

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