State v. Kruse

The opinion of the Court was delivered by

POLLOCK, Justice.

This appeal questions the interrelationship between the presumptive sentencing and parole ineligibility provisions of the Criminal Code. Specifically, the issue is whether the Law Division erred in imposing a period of parole ineligibility under N.J.S.A. 2C:43-6b, without increasing the presumptive sentence beyond that provided by N.J.S.A. 2C:44-1f. The Appellate Division affirmed in an order entered as part of the “excessive sentence oral argument” program. We granted certification, 103 N.J. 485 (1986), and now reverse and remand the…