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housing must file PCR to have extended term rescinded.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
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