NOT FOR PUBLICATION WITHOUT THE APPROVAL OF THE APPELLATE DIVISION
Submitted May 15, 2013
On appeal from the Superior Court of New Jersey, Law Division, Cumberland County, Indictment No. 12-04-0394.
Jennifer Webb-McRae, Cumberland County Prosecutor, attorney for appellant (David M. Galemba, Assistant Prosecutor, of counsel and on the brief).
Joseph E. Krakora, Public Defender, attorney for respondent (Laura B. Lasota, Assistant Deputy Public Defender, of counsel and on the brief).
Before Judges Grall and Simonelli.
Plaintiff State of New Jersey appeals from the November 2, 2012 Law Division order, which granted the motion of defendant Lori Sharp to compel entry into the Cumberland County pre-trial intervention (PTI) program pursuant to N.J.S.A. 2C:43-12f. We reverse.
Prior to August 2011, defendant was convicted three times of driving while intoxicated (DWI), N.J.S.A. 39:4-50.Defendant's last DWI conviction in November 2002 resulted in a ten-year driver's license suspension. After that suspension, defendant was convicted four times of driving when her license was suspended (DWS), N.J.S.A. 39:3-40.
On August 24, 2011, defendant was charged with her fifth DWS. A grand jury subsequently indicted her on two counts of fourth-degree operating a motor vehicle during a period of license suspension, N.J.S.A. 2C:40-26a and b.
N.J.S.A. 2C:40-26a provides:
It shall be a crime of the fourth degree to operate a motor vehicle during the period of license suspension in violation of [N.J.S.A.] 39:3-40, if the actor's license was suspended or revoked for a first violation of [N.J.S.A.] 39:4-50 or [N.J.S.A. 39:4-50.4a] and the actor had previously been convicted of violating [N.J.S.A.] 39:3-40 while under suspension for that first offense. A person convicted of an offense under this subsection shall be sentenced by the court to a term of imprisonment.
N.J.S.A. 2C:40-26b provides:
It shall be a crime of the fourth degree to operate a motor vehicle during the period of license suspension in violation of [N.J.S.A.] 39:3-40, if the actor's license was suspended or revoked for a second or subsequent violation of [N.J.S.A.] 39:4-50 or [N.J.S.A.] 39:4-50.4a. A person convicted of an offense ...