State v. Barber

The opinion of the court was delivered by

KING, P.J.A.D.

There is one significant issue raised on this appeal. The sentencing judge downgraded or reduced defendant Linnette Barber’s conviction of possession of cocaine (three kilograms), with intent to distribute, N.J.S.A. 2C:35-5(b)(1), a first-degree offense, to a second-degree offense for purposes of sentencing pursuant to N.J.S.A. 2C:44-1(f)(2). However, the sentencing judge refused to impose a period of parole ineligibility as part of the five-year State Prison sentence for the second-degree offense. The State has cross-appealed from the…