November 14, 2012
STATE OF NEW JERSEY, PLAINTIFF-RESPONDENT,
WILLIAM HAMMOND, DEFENDANT-APPELLANT.
On appeal from the Superior Court of New Jersey, Law Division, Monmouth County, Municipal Appeal No. 11-041.
NOT FOR PUBLICATION WITHOUT THE APPROVAL OF THE APPELLATE DIVISION
Submitted October 24, 2012
Before Judges Axelrad and Nugent.
Following his conviction in municipal court of driving while intoxicated, N.J.S.A. 39:4-50, and of failing to display clear license plates, N.J.S.A. 39:3-33, defendant William Hammond filed a notice of appeal. R. 3:23-2. Due to ensuing confusion about whether defendant had also timely and properly filed an indigency application in lieu of the filing fee required by Rule 3:23-2, the Law Division entered an order dismissing defendant's appeal. Defendant appeals from that order.
In light of evidence that defendant timely and properly completed an indigency application, the State "submits that the case should be remanded to the Law Division for determination on its merits." Accordingly, we reverse and remand for a trial de novo in the Law Division.
Reversed and remanded.
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