State ex rel. G.C.
State ex rel. G.C.
Opinion of the Court
The opinion of the Court was delivered by
As in State in Interest of J.L.A., 136 N.J. 370, 643 A.2d 538 (1994), also decided today, the narrow issue presented is whether the Code of Juvenile Justice, N.J.S.A 2A:4A-20 to -91 (Juvenile Code), should be construed to prohibit the sentencing to consecutive terms of incarceration of those juveniles who have committed two or more acts of delinquency.
G.C. was adjudicated delinquent after having admitted the commission of acts of delinquency that, if committed by an adult, would have constituted fourth-degree aggravated assault, contrary to N.J.S.A 2C:12-lb(3), and third-degree unlawful possession of a shotgun without a permit, in violation of N.J.S.A 2C:39-5c. The court ordered that G.C. serve an indeterminate term of incarceration, not to exceed two years, on the charge of possession of a shotgun, and a consecutive indeterminate term, not exceeding one year, on the fourth-degree aggravated-assault charge. In an unreported opinion, the Appellate Division affirmed the adjudica
In J.L.A, supra, we held that the Juvenile Code should not be construed to prohibit imposition of consecutive sentences. Based on our holding in J.L.A, we reverse the judgment of the Appellate Division to the extent that it set aside the sentences imposed by the Family Court.
For reversal in part—Chief Justice WILENTZ and Justices CLIFFORD, HANDLER, POLLOCK, O’HERN, GARIBALDI and STEIN—7.
Opposed—None.
Reference
- Full Case Name
- STATE OF NEW JERSEY IN THE INTEREST OF G.C.
- Status
- Published