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107 N.J. 40

State v. Battisick

Supreme Court of New Jersey

Decided November 17, 1986

Supreme Court of New Jersey · decided 1986-11-17

Decided 1986-11-17

¶1A petition for certification having been submitted to this Court, and the Court having noted that N.J.S.A. 2C:43-6(b) provides that a period of parole ineligibility may be imposed pursuant to that section only when the sentencing judge is clearly convinced that the aggravating factors present substantially outweigh the mitigating factors;

¶2And the sentencing judge in this matter having imposed a parole ineligibility term notwithstanding his determination that the aggravating factors present did not substantially outweigh the mitigating factors;

¶3*41It is ORDERED that the petition for certification is granted, and the matter is summarily remanded to the trial court for an appropriate resentencing of defendant.

¶4Jurisdiction is not retained.

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