State v. McDonald

This appeal is the companion to State v. Hudson, 209 N.J. 513, 39 A.3d 150 (2012), because it also involves the application of N.J.S.A. 2C:44-5(b) to an extended-term sentence. Here, the sentence was imposed on defendant Sally McDonald for an offense committed prior to an offense for which she already was serving another extended-term sentence. As in Hudson, the second extended term was imposed in a separate sentencing proceeding from that in which the first extended-term sentence was imposed. Consistent with the interpretation given N.J.S.A. 2C:44-5 in State v. Hudson, supra, we now reverse…