State v. Rodriquez

STERN, J.S.C.

This case requires the court to decide if the presumption against imprisonment applies to a defendant who is the subject *545of a pending direct appeal and who is awaiting sentencing on other criminal matters.

Defendant, Ariel Kodriquez, was convicted of possession with intent to distribute controlled dangerous substances as a result of two separate trials on two separate indictments. The substances possessed were doriden and empirin with codeine, and each conviction carried a five year maximum sentence. N.J.S.A. 24:21-19(b)(3). At the time of sentencing following the first trial, the…