State v. Sanders

The opinion of the Court was delivered by

STEIN, J.

In this appeal, we consider whether a trial court must set bail immediately after sentencing in order to preserve the State’s right to appeal a sentence pursuant to N.J.S.A. 2C:44-1f(2). The sentencing court in this case stayed defendants’ sentences for ten days as required by the statute, but declined to entertain applications for bail until after the State filed its notice of appeal. The Appellate Division, in dismissing the State’s ap peal, concluded that the failure to establish bail resulted in defendants’ partial execution of their…