State v. Brimage

The opinion of the Court was delivered by

GARIBALDI, J.

We are again presented with issues relating to Section 12 of the Comprehensive Drug Reform Act of 1987, N.J.S.A. 2C:35-1 to 36A-1 (hereinafter “CDRA”). Under N.J.S.A 2C:35-12 (“Section 12”), a prosecutor may, through a negotiated plea agreement or post-conviction agreement with a defendant, waive the mandatory minimum sentence specified for any offense under the CDRA. To satisfy the constitutional requirements of the separation of powers doctrine, N.J. Const, art. III, ¶ 1, this Court in State v. Vasquez held that prosecutorial discretion…