State v. Ghertler

In State v. Roth, 95 N.J. 334 (1984), we assured our trial judges that when they “exercise discretion in accordance with the principles set forth in the Code and defined by us * * *, they need fear no second-guessing.” Id. at 365. This appeal and cross-appeal test the measure of that commitment.

On defendant’s guilty plea to various property crimes the sentencing court imposed two consecutive five-year terms with two-and-one-half year periods of parole ineligibility. Hence the aggregate sentence was ten years, with a five-year parole disqualifier. On appeal the Appellate Division, in an…