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State v. Battisick

November 17, 1986

STATE OF NEW JERSEY
v.
JOSEPH BATTISICK


A petition for certification having been submitted to this Court, and the Court having noted that N.J.S.A. 2C:43-6(b) provides that a period of parole ineligibility may be imposed pursuant to that section only when the sentencing judge is clearly convinced that the aggravating factors present substantially outweigh the mitigating factors;

And the sentencing judge in this matter having imposed a parole ineligibility term notwithstanding his determination that the aggravating factors present did not substantially outweigh the mitigating factors;

It is ORDERED that the petition for certification is granted, and the matter is summarily remanded to the trial court for an appropriate resentencing of defendant.

Jurisdiction is not ...


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