Decided: September 4, 1991.
STATE OF NEW JERSEY, PLAINTIFF-PETITIONER,
ROBERT L. CURRIER A/K/A ROBERT STEPHENS, DEFENDANT-RESPONDENT.
To the Appellate Division, Superior Court,
A petition for certification of the judgment in A-4989-87T4 having been submitted to this Court, and the Court having considered the same;
It is ORDERED that the petition for certification is granted, and the judgment of the Appellate Division is summarily modified to vacate that Court's imposition of a new sentence on defendant. The matter is remanded to the trial court for a resentencing of defendant to an extended term under N.J.S.A. 2C:44-3; provided however, that as noted in the decision of the Appellate Division, defendant's prior record shall not be "double counted" in arriving at an appropriate sentence.
Jurisdiction is not retained.
WITNESS, the Honorable Robert N. Wilentz, Chief Justice, at Trenton, this 4th day of September, 1991.