State v. Kromphold

The opinion of the Court was delivered by

STEIN, J.

The primary issue in this appeal is whether the court that sentenced defendant Thomas Kromphold impermissibly considered elements of the offense of aggravated assault as aggravating factors for sentencing purposes. In an unpublished opinion, the Appellate Division reduced defendant’s aggregate sentence, holding that the trial court “double-counted” evidence of the extent of defendant’s intoxication by considering that evidence as an aggravating factor for sentencing after having authorized the jury to consider the same evidence in determining…