State v. Johnson

The opinion of the court was delivered by

YANOFF, J. S. C.

(retired and temporarily assigned on recall).

The only issue before us is a factual determination as to “good cause” under N.J.S.A. 2C:1-1 d(2). We understand our dissenting colleague and the Appellate Division take the view that we resentenced for disparity alone. Our review of the record indicates the contrary; we relied on a complex of facts, especially Johnson’s record at the Adult Diagnostic Treatment Center (ADTC).

*3In 1962 Johnson was sentenced under a plea agreement on four charges: rape, and three separate charges of assault with…