STATE v. ROGERS


124 N.J. 113 (1991)

590 A.2d 234

STATE OF NEW JERSEY, PLAINTIFF-APPELLANT, v. ALAN ROGERS, DEFENDANT-RESPONDENT.

The Supreme Court of New Jersey.

Decided May 23, 1991.


Attorney(s) appearing for the Case

Annmarie Cozzi, Deputy Attorney General, argued the cause for appellant (Robert J. Del Tufo, Attorney General of New Jersey, attorney).

Daniel V. Gautieri, Assistant Deputy Public Defender, argued the cause for respondent (Wilfredo Caraballo, Public Defender, attorney).


The opinion of the Court was delivered by CLIFFORD, J.

The trial court sentenced defendant on two counts of felony murder to consecutive thirty-year terms of imprisonment without eligibility for parole. The Appellate Division vacated those sentences and remanded to the trial court for resentencing, concluding that this case was one in which "the Yarbough guidelines may be satisfied by having the [custodial] terms run concurrently in part and consecutively in...

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