253 N.J. Super. 447 - State v. Sepulveda’s Empirical Analysis

Citation profile

10 state decisions

Most-quoted passages

The sentences later courts lift from this opinion, ranked by how many decisions quote each — the parts of the opinion doing the work. These counts are smaller than the citation total above because most of the 10 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “Ordinarily, a prosecutor cannot, as a part of a plea agreement, dictate what will occur in the event there is a violation of probation. Whether a defendant’s violation of probation is sufficiently egregious to warrant revocation of probation is a decision reposed by the Legislature in the courts, not the prosecutor. See State v. Baylass, 114 N.J. 169 [ 553 A.2d 326 ] (1989); N.J.S.A. 2C:45-3a(4). Moreover, “[o]nce the court determines that the violation justifies revocation of probation, the Code controls the sentencing decision.” State v. Baylass, supra, 114 N.J. at 178 [ 553 A.2d 326 ], Thus, to determine the appropriate terms of the resentence, the judge refers to the sentencing scheme provided in the Code for the crime to which defendant originally pled guilty rather than the terms of the sentence agreed upon by defendant in the plea agreement. State v. Ervin, 241 N.J.Super. 458, 465-70 [ 575 A.2d 491 ] (App.Div.1989). [253 N.J.Super. at 451-52, 602 A.2d 273 .]”

   1 later decision quote this exact passage · from the majority
   e.g. State v. Vasquez