State v. McPhall

LEVY, J.S.C.,

[temporarily assigned].

We have considered these matters together as they encompass the same legal issue. In each ease, pursuant to a negotiated sentence, the defendant was sentenced to probation conditioned on imprisonment for 364 days in the county jail, but shortly thereafter the sentencing judge granted the defendant’s application for admission to an intensive supervision program (ISP). The State appeals and we reverse, because there is no legislative authority permitting a mandatory period of incarceration to be vitiated by diversion into ISP.

Defendant William MePhall was…