State v. Allen

This appeal was argued with State v. Lavelle, 54 N. J. 315 (1969) decided today.

On October 27, 1965 Allen pleaded guilty to larceny from the person in violation of N. J. S. 2A :119-1. He was sentenced to State Prison for not less than six years nor more than seven years and fined $2,000. Subsequently three other indictments arising out of the same criminal incident were dismissed. No appeal was taken from this judgment. Later, post-conviction relief was sought on the ground that the $2,000 fine violated the due process and equal protection clauses of the Fourteenth Amendment. The sentencing…