Any incarcerated defendant who is serving an extended term based on the prosecutor filing an extended term application based on a second conviction for intent to distribute within 500 feet of public housing must file PCR to have extended term rescinded.
The Appellate Division in State v. Patterson (May 9, 2014) recently held that the trial judge imposed an illegal sentence when the prosecutor moved for an extended term based on N.J.S.A. 2C:43-6(f). The appellate division ruled that section 6(f) does not list the public facility offense as one of the offenses allowing for an extended term.
In this case the trial judge at the request of the prosecutor sentenced the defendant for his second degree conviction as a first degree crime, sentencing him to 12-years in state prison with five-years of parole ineligibility.
Any incarcerated defendant having been sentenced to an extended term based on the prosecutor filing the extended term application based on 2C:43-6(f), is entitled to a reduction of his or her sentence.
This post is being submitted as a public service as a general statement of New Jersey Criminal Law. Note, this post is not be submitted as promising or guaranteeing any specific legal result, since each case is uniquely different, and results may vary from case to case.
New Jersey Criminal Defense Attorney
Law Office of Vincent J. Sanzone, Jr., Esq.
Serving, Union, Essex, Hudson, Bergen, Middlesex, Ocean, Monmouth, Passaic, Somerset, Morris counties in New Jersey