Multiple Discretionary Extended Terms: Part 2

by | Apr 14, 2017 | Blog, Criminal Law, Legal Procedures, Monmouth County, Ocean County

Extended TermsThe New Jersey Supreme Court continued:

Subsection (a) of N.J.S.A. 2C:44-5 provides that “not more than one sentence for an extended term shall be imposed.” Subsection b provides that, “when a defendant who has previously been sentenced to imprisonment is subsequently sentenced to another term for an offense committed prior to the former sentence (1) The multiple sentences imposed shall so far as possible conform to subsection a.” In Hudson, supra, the Court held that the “so far as possible” qualifier is triggered only when compliance cannot be achieved, as, for example, when the second extended-term sentence is mandatory.

The Court reviews pre-Hudson cases that interpreted N.J.S.A. 2C:44-5 and notes that they focused on subsection a, not on subsection b. Because no precedent on subsection b existed, precedent did not dictate an opposite result. Hudson neither broke new ground, nor imposed a new obligation on the State. Hudson represents an enunciation of the statutory language present since the statute’s enactment in 1978, and the prohibition against imposing two discretionary extended-term sentences is simply the rule that has, or should have, always been applied. As a result, the Court does not delve any further into the retroactivity analysis, but rather analyzes defendant’s sentence under the rule espoused in N.J.S.A. 2C:44-5(b)(1) since the statute’s enactment.

The Court agrees with the Appellate Division that, under the strictures of N.J.S.A. 2C:44-5(b)(1), defendant’s sentence is illegal and cannot stand. Because the sentence in indictment 1263 is the only one before the Court, that is the sentence that the trial court should revisit. It would be interesting to see how the defendant’s sentencing exposure would differ if the other indictment happened to be before the Court on appeal. Although the total harm done would be the same, i.e. Bull would still be guilty of the exact same crimes, the chronological order of the crimes could have an enormous impact on his sentencing exposure if the indictments related to crimes of different degrees. For example, if a first degree extended term is vacated instead of a second degree extended term, Bull will likely serve decades less in prison.

The Court concluded:

In future cases, where a reviewing court is considering two or more sentences under this statute, the State may choose which indictment it seeks an extended term for at a new sentencing hearing, so long as defendant is credited for any portion of the extended sentence that defendant may have already served. The judgment of the Appellate Division was affirmed. The second extended-term sentence was vacated and the case was remanded to the trial court for resentencing.

Excellent rating
Based on 288 reviews
Google star 1Google star 2Google star 3Google star 4Google star 5
Google star 1Google star 2Google star 3Google star 4Google star 5
Thank you Fred for all your hard work and communication through my case. I got into a situation and very fortunate to have had Fred help me resolve it. He gave me great options and advice on how he would handle the situation and the steps we needed to follow. Highly satisfied with my experience and would highly recommend. Thank you Anthony Zappulla
Anthony Z
Google star 1Google star 2Google star 3Google star 4Google star 5
I was very fortunate to find Attorney Fred Sisto for my legal case in Ocean County, NJ. He was thoroughly versed in the law and kept me informed at all times. When it came time for my court date, he showed up early and clearly advised me of all possible options. I could not be happier with the outcome Fred was able to negotiate for me. I highly recommend him!
Kelly L
Google star 1Google star 2Google star 3Google star 4Google star 5
Highly professional The lawyer Frederick is a serious and professional person, he helped me a lot in my case, I recommend him a lot to help you too, he is always in contact with you explaining the process, a very patient and kind person.
Ca
Google star 1Google star 2Google star 3Google star 4Google star 5
Great service
Kelly G
Google star 1Google star 2Google star 3Google star 4Google star 5
I called Mr. Sisto a few weeks back and he returned the call immediately! I asked a few questions and he clearly explained the options for one of my employees. He then followed up with a detailed proposal. He was completely knowledgeable, helpful and insightful. If I ever had to use him I would feel VERY comfortable with his representation.
Dave P
Google star 1Google star 2Google star 3Google star 4Google star 5
Frederick is a pleasure to work with,great family guy. Fred pays attention to every detail and is totally accessible.
Tom A
Google star 1Google star 2Google star 3Google star 4Google star 5
Always up to date on with his services.
Anthony L
Google star 1Google star 2Google star 3Google star 4Google star 5
He is the best professional to have on your side taking care of your interests. Your in the best of hands.
Stuart C
Google star 1Google star 2Google star 3Google star 4Google star 5
Fred, Thank you for the notifications on the DUI stops.
Joe F
Google star 1Google star 2Google star 3Google star 4Google star 5
I think Fred's alerts are a great service to his audience and a very smart marketing tool. Keep up the good work, Fred.
Charles O