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State v. Hannigan

July 22, 2009

STATE OF NEW JERSEY, PLAINTIFF-RESPONDENT,
v.
MICHAEL P. HANNIGAN, DEFENDANT-APPELLANT.



On appeal from Superior Court of New Jersey, Law Division, Sussex County, Indictment Nos. 05-02-67, 01-06-235, 01-06-236, 01-06-237, 01-07-274, 01-07-275 and 01-07-276.

The opinion of the court was delivered by: Grall, J.A.D.

NOT FOR PUBLICATION WITHOUT THE APPROVAL OF THE APPELLATE DIVISION

APPROVED FOR PUBLICATION

November 12, 2008

Argued November 12, 2008

Decided Remanded by Supreme Court February 11, 2009.

Submitted May 5, 2009

Before Judges Skillman, Graves and Grall.

Pursuant to an agreement with the State resolving charges included in six indictments, defendant Michael P. Hannigan pled guilty to seven counts of third-degree burglary, N.J.S.A. 2C:18-2a, two of third-degree theft of a motor vehicle, N.J.S.A. 2C:20-3, and two of fourth-degree criminal mischief, N.J.S.A. 2C:17-3a(1), and imposition of sentence was suspended for two years. The crimes involved unauthorized entry of seven motor vehicles and were committed on January 19, 24 and 29, 2001 (Indictments 01-06-235, 01-06-236 and 01-06-237), May 18 and 22, 2001 (Indictments 01-07-275 and 01-07-276), and June 1 and 11, 2001 (Indictment 01-07-274).

Defendant did not successfully complete the suspension of imposition of sentence (hereinafter "suspension"). One of the conditions was to refrain from additional crimes or risk revocation and imposition of any sentence that might have been imposed originally, including consecutive sentences. N.J.S.A. 2C:43-2a; N.J.S.A. 2C:45-1a-b; N.J.S.A. 2C:45-3. Prior to expiration of the suspension in 2004, defendant was charged with and pled guilty to fourth-degree crimes, peering and attempted peering into the window of a dwelling, N.J.S.A. 2C:18-3c.

After defendant pled guilty to the new crimes, the judge revoked the suspension of sentencing on defendant's 2001 crimes and imposed sentences for the crimes committed in 2001 and 2004.*fn1

Defendant was twenty-four years old at the time, and the judge sentenced him as a youthful offender pursuant to N.J.S.A. 2C:43-5 and N.J.S.A. 30:4-148. For the crimes committed in 2001, the judge imposed consecutive indeterminate sentences for two of defendant's third-degree burglary convictions, each with a maximum of five years by operation of law, N.J.S.A. 30:4-148 and N.J.S.A. 2C:43-6a. Each indeterminate sentence for the remaining convictions, including those for trespass in 2004, was imposed to run concurrently with one of the two consecutive indeterminate sentences for burglary.

After considering defendant's excess sentencing appeal in accordance with Rule 2:9-11, we affirmed the sentences. The Supreme Court granted defendant's petition for certification and summarily remanded for reconsideration in light of State v. Baylass, 114 N.J. 169 (1989). State v. Hannigan, 198 N.J. ...


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