State v. Christensen

The opinion of the court was delivered by

SKILLMAN, J.A.D.

The primary issue presented by this appeal is whether a defendant whose probationary sentence was stayed pending the State’s appeal, but who commenced serving that sentence when the *653probation department mistakenly directed him to report, acquired a legitimate expectation in the finality of the probationary sentence which precluded the trial court from sentencing him to a custodial term after the State prevailed on its appeal.

Defendant pled guilty pursuant to a plea agreement to second degree aggravated assault, in violation of N.J.S.A.…