On appeal from Superior Court, Law Division, Monmouth County.
Crane, Milmed and King. The opinion of the court was delivered by Crane, P.J.A.D.
In November 1977 defendant entered a plea of guilty to three counts of an indictment charging that on three separate occasions he entered a high school building with the intent of disrupting classes or otherwise interfering with the peace and good order of the school, contrary to the provisions of N.J.S.A. 2A:149A-2. In accordance with a plea bargain he was sentenced to an indeterminate term at the Youth Reception Center at Yardville on each of the three counts, to run concurrently. He was also sentenced to a term of six months in the Monmouth County Correctional Institution on a separate disorderly person complaint. The sentences were suspended and defendant was placed on probation for a period of two years and ordered to pay a fine of $100 and $14 costs of court.
Subsequently, defendant was charged with violating the terms of probation in that he was found guilty of assault with intent to rob and robbery, and that he failed to report as
directed. At the charge of violating probation defendant pleaded guilty. The sentencing judge revoked defendant's probation and imposed the original sentences which had been suspended.
On this appeal defendant contends that N.J.S.A. 2A:149A-2 has been repealed by the adoption of the New Jersey Code of Criminal Justice, N.J.S.A. 2C:1-1 et seq. He specifically relies on N.J.S.A. 2C:98-2 and urges that the prosecution should be dismissed pursuant to the provisions of N.J.S.A. 2C:1-1(c)(3). We agree that N.J.S.A. 2A:149A-2 has been repealed by N.J.S.A. 2C:98-2. But the effect of the repealer is another matter. It may well be, as the State contends, that the conduct previously proscribed by N.J.S.A. 2A:149A-2 is now encompassed by the provisions of N.J.S.A. 2C:18-3 relating to criminal trespass. However, it is not necessary for us to decide that issue since in our view the cause is not presently a "case pending" within the meaning of the Code.
In its pertinent parts, N.J.S.A. 2C:1-1 provides as follows:
b. Except as provided in subsections c. and d. of this section, the code does not apply to offenses committed prior to its effective date and prosecutions and dispositions for such offenses shall be governed by the prior law, which is continued in effect for that purpose, as if this code were not in force. For the purposes of this section, an offense was committed after the effective date of the code if any of the elements of the offenses occurred subsequent thereto.
c. In any case pending on or initiated after the effective date of the code involving an offense committed prior to such date:
(1) The procedural provisions of the code shall govern, insofar as they are justly applicable and their application does not introduce confusion or delay;
(2) The court, with the consent of the defendant, may impose sentence under the provisions of the code applicable to the offense and the offender.
(3) The court shall, if the offense committed is no longer an offense under the provisions of the code, ...