State v. Bridges

The opinion of the court was delivered by

COLEMAN, J.H., P.J.A.D.

The novel issue raised in this appeal is whether a split sentence permitted by N.J.S.A. 2G:43-2b(2) involves a “term of imprisonment ... or other disposition” within the contemplation of N.J.S.A. 2C:35-12. The answer is dispositive of whether a judge has discretion to sentence below the agreed upon “term of imprisonment.” We hold that a split sentence constitutes a “term of imprisonment” within contemplation of N.J.S.A. 2C:35-12.

Defendant pleaded guilty to third-degree distribution of cocaine within 1,000 feet of school property,…