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 v. Hyland

Superior Court of New Jersey, Appellate Division

November 21, 2017

STATE OF NEW JERSEY, Plaintiff-Appellant,
v.
SUSAN HYLAND, Defendant-Respondent.

          Argued October 2, 2017

         On appeal from the Superior Court of New Jersey, Law Division, Camden County, Indictment No. 16-06-1879.

          Linda A. Shashoua, Assistant Prosecutor, argued the cause for appellant (Mary Eva Colalillo, Camden County Prosecutor, attorney; Ms. Shashoua, of counsel and on the brief).

          Tamar Y. Lerer, Assistant Deputy Public Defender, argued the cause for respondent (Joseph E. Krakora, Public Defender, attorney; Ms. Lerer, of counsel and on the brief).

          Before Judges Messano, O'Connor and Vernoia.

          OPINION

          VERNOIA, J.A.D.

         The State appeals from a judgment of conviction sentencing defendant Susan Hyland to special Drug Court probation, N.J.S.A. 2C:35-14. Because we conclude that we lack jurisdiction to consider the State's appeal, we dismiss the appeal.

         In March 2016, an automobile driven by defendant struck sixteen-year-old Q.T. as he walked across a roadway. Q.T. suffered spinal injuries that later caused his death. Defendant, who did not have a valid driver's license, did not stop or call the police. She took no action to get assistance for Q.T. Instead, she fled the scene and went to a friend's house, where they discussed burning her badly damaged automobile and reporting that it was stolen.

         Defendant's niece, who was in the car when Q.T. was struck, called the police, reported the incident and identified defendant as the driver. The police determined defendant's location, found the automobile and arrested her.

         Defendant was charged in an indictment with second-degree knowingly leaving the scene of a fatal motor vehicle accident, N.J.S.A. 2C:11-5.1, third-degree causing death while driving with a suspended or revoked license, N.J.S.A. 2C:40-22(a), and third-degree endangering an injured victim, N.J.S.A. 2C:12-1.2(a).

         The Camden County Prosecutor's Office recommended against defendant's admission into Drug Court. The State determined defendant was legally ineligible for a special probation Drug Court sentence because it could not find that defendant "would not be a danger to the community if placed" in Drug Court. See N.J.S.A. 2C:35-14(a)(9). The State claimed "it is impossible to find that . . . defendant is the type of non-violent offender for which [D]rug [C]ourt was intended." Defendant appealed the State's determination.

         The court ordered that defendant undergo a substance abuse evaluation, which revealed defendant suffered from five substance abuse disorders. The evaluator recommended that defendant undergo intensive treatment and concluded defendant was clinically eligible for admission into Drug Court.

         Over the State's objection, the court determined defendant was legally eligible for special probation.[1] The court observed that defendant was not charged with causing Q.T.'s death, but instead for her actions after Q.T. was struck. The court found that although defendant was not charged with driving while intoxicated, there was a connection between defendant's substance abuse and the commission of the offenses. The court considered defendant's prior record, noting her last criminal conviction was sixteen years earlier in 2000 for criminal trespass, and her "slew of arrests and convictions" for motor vehicle and disorderly persons offenses. The court found that defendant's prior record and "terrible choices" after Q.T. was accidentally struck did not establish that she would be a danger to the community if she was admitted to Drug Court. The court entered an order finding defendant was legally eligible for a special probation Drug Court sentence under N.J.S.A. 2C:35-14.

         Defendant pleaded guilty to the charges in the indictment without the benefit of a negotiated plea agreement. The State reserved its right to object to defendant's admission into Drug Court at sentencing.

         At sentencing, the court merged defendant's conviction for third-degree endangering an injured victim with her conviction for second-degree knowingly leaving the scene of a fatal motor vehicle accident. The court sentenced defendant to concurrent five-year special probation Drug Court terms on her convictions. The court denied the State's motion for a stay of sentence pending the State's appeal of defendant's Drug Court sentence.

         Three weeks later, the court granted defendant's motion for post-conviction bail pending appeal and released defendant on her own recognizance with the condition that she remain in an inpatient substance abuse treatment facility until further court order. We granted the State's request for a stay of execution of defendant's sentence pending the State's appeal.

         On appeal, the State makes the ...


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.