State v. Kirk

The opinion of the Court was delivered by

COLEMAN, J.

The critical issue raised in this appeal is whether the trial court properly exercised its discretion in finding that a prosecutor did not act arbitrarily in declining to waive imposition of an extended term sentence under the guidelines promulgated pursuant to State v. Lagares, 127 N.J. 20, 601 A.2d 698 (1992). The Appellate Division, hearing the case on its Excessive Sentencing Oral Argument calendar, found that “the trial court abused its discretion in not overruling the [prosecutor’s] refusal to waive the extended term.” We granted…