Legal Opinion

State v. Cooper

New Jersey Superior Court Appellate Division

Decided July 26, 1996Published

1Opinion of the Court

FAST, J.S.C.

This is a restatement of the reasons given upon sentencing a defendant to a period of parole ineligibility that was longer than that recommended by the prosecutor in a plea agreement. Defendant took issue with the court’s authority to do that; the prosecutor took no position on the issue.

STATEMENT OF THE ISSUE

The issue presented in this matter is whether the court can, sua sponte, enhance the sentence of a defendant for the violation of a condition attached by the court to the release of defendant after *42defendant entered into a plea of guilty. At the time of the plea, defendant…

2Cases cited11 opinions

  1. State v. LagaresSupreme Court of New Jersey · 1992
  2. State v. SainzSupreme Court of New Jersey · 1987
  3. State v. VasquezSupreme Court of New Jersey · 1992
  4. State v. WarrenSupreme Court of New Jersey · 1989
  5. State v. BarbozaSupreme Court of New Jersey · 1989

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