by Fred Sisto | Jul 7, 2021 | Blog, Criminal Law, Monmouth County, New Jersey, Ocean County
On May 13, 2021, a three-judge appellate panel decided the Essex County case of State v. Julian Sanders. The principal issue under N.J.S.A. 2C:12-1.2 involved the application of a self-defense charge to a case involving the endangerment of an injured victim. Judge...
by Fred Sisto | Jul 5, 2021 | Blog, Criminal Law, Monmouth County, New Jersey, Ocean County
Justice LaVecchia concluded with the following in relevant part: Yarbough did not supplant the principle that courts have discretion over whether to impose consecutive sentences in appropriate cases. The Yarbough criteria were adopted to channel that discretion, not...
by Fred Sisto | Jul 3, 2021 | Blog, Criminal Law, Monmouth County, New Jersey, Ocean County
The New Jersey Supreme Court continued in relevant part: However, it is factor three that contains the evaluative core to a Yarbough analysis: it identifies five sub-factors that generally concentrate on such considerations as the nature and number of offenses for...
by Fred Sisto | Jul 1, 2021 | Blog, Criminal Law, Monmouth County, New Jersey, Ocean County
The Court continued in relevant part: Ultimately, however, the Code generally preserved the discretion of trial courts by providing that when an offender is sentenced to imprisonment for more than one offense, “such multiple sentences shall run concurrently or...
by Fred Sisto | Jun 29, 2021 | Blog, Criminal Law, Monmouth County, New Jersey, Ocean County
Justice LaVecchia continued in relevant part: Without further elaboration, the court determined that defendant was to serve the aggregate thirty-year sentence consecutively to defendant’s forty-year sentence imposed for the three other robberies. As to the second...