Searching over 5,500,000 cases.


searching
Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.

State of New Jersey v. Michael Sarmadi

January 13, 2012

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



On appeal from Superior Court of New Jersey, Law Division, Bergen County, Indictment No. 08-10-1709.

Per curiam.

NOT FOR PUBLICATION WITHOUT THE APPROVAL OF THE APPELLATE DIVISION

Argued November 30, 2011 -

Before Judges Graves, Harris and Koblitz.

Defendant Michael Sarmadi appeals from a judgment of conviction dated November 20, 2009. Sarmadi pled guilty to committing a first-degree armed robbery on January 28, 2008, N.J.S.A. 2C:15-1 (count three), and a second-degree robbery on February 6, 2008, N.J.S.A. 2C:15-1 (count one). In return for the guilty pleas, the State agreed to recommend that count three would be treated as a second-degree offense for sentencing purposes; defendant would be sentenced to no more than eight years in prison subject to the No Early Release Act (NERA), N.J.S.A. 2C:43-7.2; and counts two and four of the indictment would be dismissed. In accordance with the plea agreement, defendant was sentenced on count three to a seven-year prison term subject to an eighty-five percent period of parole ineligibility under NERA. The court imposed a concurrent six-year term on count one.

In his initial brief on appeal, Sarmadi presents the following arguments:

POINT I

MICHAEL SARMADI'S CONVICTION SHOULD BE VACATED BECAUSE OF THE STATE'S INTENTIONAL FAILURE TO DISCLOSE ITS DEAL WITH CO-DEFENDANT ANTHONY SERRAO.

POINT II

THE SENTENCE IMPOSED ON MICHAEL SARMADI WAS SO DISPARATE FROM THE SENTENCE IMPOSED ON CO-DEFENDANT ANTHONY SERRAO AS TO AMOUNT TO ABUSE OF PROSECUTORIAL DISCRETION.

POINT III

THE SENTENCE IMPOSED ON MICHAEL SARMADI WAS EXCESSIVE.

In a letter in lieu of a reply brief, ...


Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.