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New Jersey Superior Court App Division· 1/4/2005

State v. Vasquez

Citations

  • 864 A.2d 409
  • 374 N.J. Super. 252

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

  • concluding that it was impermissible double-counting for the court to raise the presumptive extended base term of defendant's sentence on account of defendant's prior conviction, which was the conviction requiring a mandatory extended term sentence
  • concluding that it was impermissible double- counting for the court to raise the presumptive extended base term of defendant's sentence on account of defendant's prior conviction, which was the conviction requiring a mandatory extended term sentence
  • holding it was improper for sentencing court to consider defendant's prior conviction in setting the term within the extended term range when that conviction was the basis for imposing an extended term
  • reversing extended term sentence, \both allowed and required\ by the defendant's single prior conviction, because the judge used that prior conviction to impose a sentence greater than the \presumptive\ midpoint
  • referring to the defendant's prior conviction related to distribution of controlled dangerous substances
  • \[F]actors invoked by the Legislature to establish the degree of the crime should not be double counted when calculating the length of the sentence.\ (alteration in original

Source: CourtListener parenthetical corpus (CC0).

Judges: Judges Stern, Wecker and Graves

Read full opinion on CourtListener

Cited by

3 cases in this archive cite this case.

Cites

27 cases in this archive are cited by this case; the 20 most cited are listed.

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