State v. Marzolf

The opinion of the court was delivered by

Handler, J.

This case concerns the validity of a custodial sentence imposed upon defendant, James Marzolf, for the possession of marijuana, following a plea bargain pursuant to which a second charge, possession of marijuana with intent *171to distribute, had been dismissed. In imposing the six months custodial sentence, the court took into consideration the quantity of marijuana involved, drawing the inference that defendant’s possession was “commercial” in nature. The Appellate Division, in a reported opinion, 152 N. J. Super. 47, reversed and remanded. It…