STATE v. SMITH


190 N.J. Super. 21 (1982)

461 A.2d 1177

STATE OF NEW JERSEY, PLAINTIFF-RESPONDENT, v. RONALD SMITH, DEFENDANT-APPELLANT.

Superior Court of New Jersey, Appellate Division.

Decided December 15, 1982.


Attorney(s) appearing for the Case

Leigh B. Bienen, Assistant Deputy Public Defender, argued the cause for appellant (Joseph H. Rodriguez, Public Defender of New Jersey, attorney).

Deborah Collins, Deputy Attorney General, argued the cause for respondent (Irwin I. Kimmelman, Attorney General of New Jersey, attorney).

Before Judges KING and McELROY.


The opinion of the court was delivered by KING, J.A.D.

This is an appeal from the denial of resentencing by the Resentencing Panel where defendant was sentenced as a sex offender under Title 2A and now wishes to be resentenced under Title 2C. The Panel denied resentencing for lack of "good cause" under N.J.S.A. 2C:1-1d(2).

Defendant had pleaded guilty to charges of rape, N.J.S.A. 2A:138-1, and abduction, N.J.S.A. 2A:86-2, in December 1976...

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