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State v. Fyffe

Decided: November 5, 1990.

STATE OF NEW JERSEY, PLAINTIFF-RESPONDENT,
v.
DAVID FYFFE, DEFENDANT-APPELLANT



On appeal from the Superior Court of New Jersey, Law Division, Monmouth County.

King and Long. The opinion of the court was delivered by King, P.J.A.D.

King

This is an appeal from a judgment of conviction and the sentence in a DWI case. N.J.S.A. 39:4-50. The principal issue is the right to credit for inpatient rehabilitation at the time of sentence. Defendant was apprehended at a DWI checkpoint in Ocean Township on October 30, 1988. He was arrested and charged with several criminal and motor vehicle offenses.

The criminal cases were adjudicated in the Superior Court on guilty pleas. Specifically, on April 5, 1989 defendant pled guilty to Count One of an indictment charging possession of a controlled dangerous substance (CDS), a third-degree offense, N.J.S.A. 2C:35-10a(1), and Count Three of the same indictment, resisting arrest, a fourth-degree offense, N.J.S.A. 2C:29-2a.

Pursuant to his negotiated plea and disposition, defendant received this sentence in the Superior Court on May 26, 1989 which we recite from the judgment of conviction:

Count 1 (3rd degree) & 3 (4th degree) -- to a probationary term of 5 years subject to the General Conditions of Probation on each count to run concurrent with each other and to pay a fine of $1,000, a D.E.D.R. Penalty of $1,000 and

Lab Fee of $50 plus revocation of driver's license for 6 months and to the following special conditions:

1. Defendant is to enter a 12 week program at Discovery House and remain until medically discharged. When discharged, he must enter an out-patient program and seek counselling.

2. Defendant must submit to regular urine testing.

All Motor Vehicle Summons are remanded to Municipal Court. Count 2 of Indictment No. 94-89 is dismissed on motion of James Kennedy, Assistant Prosecutor.

As noted, the motor vehicle matters were "remanded to Municipal Court" for disposition after sentencing in the Superior Court.

The motor vehicle offenses then proceeded to trial before Judge Kreizman in Ocean Township on August 15, 1989. He found defendant guilty of DWI, N.J.S.A. 39:4-50, and possession of CDS in a motor vehicle, N.J.S.A. 39:4-49.1. In all, defendant had been charged with seven motor vehicle offenses. Charges of driving on the revoked list and failing to turn in certain plates were dismissed at the municipal court hearing which then proceeded on the DWI, refusing a breath test, CDS in a motor vehicle (1.01 grams cocaine), and failing to exhibit credentials charges. Judge Kreizman ...


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