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STATE v. DES MARETS

92 N.J. 62 (1983)

455 A.2d 1074

STATE OF NEW JERSEY, PLAINTIFF-RESPONDENT, v. ROBERT DES MARETS, DEFENDANT-APPELLANT. STATE OF NEW JERSEY, PLAINTIFF-RESPONDENT, v. JEFFREY TODD APPLETON, DEFENDANT-APPELLANT.

The Supreme Court of New Jersey.

Decided January 26, 1983.

Attorney(s) appearing for the Case

Herbert I. Waldman, Designated Counsel, argued the cause for appellant Robert Des Marets (Joseph H. Rodriguez, Public Defender, attorney).

Donald T. Thelander, Assistant Deputy Public Defender, argued the cause for appellant Jeffrey Todd Appleton (Joseph H. Rodriguez, Public Defender, attorney).

Thomas W. Greelish, First Assistant Attorney General, and Allan J. Nodes, Deputy Attorney General, argued the cause for respondent (Irwin I. Kimmelman, Attorney General of New Jersey, attorney; Frank M. Gennaro, Deputy Attorney General, of counsel and on the letter brief (A-68) and Allan J. Nodes and Katherine F. Graham, Deputy Attorney General, of counsel and on the brief (A-93)).

The opinion of the Court was delivered by WILENTZ, C.J.

These cases present two questions concerning permissible sentencing for Graves Act offenses. N.J.S.A. 2C:43-6(c); L.1981, c. 31. May the trial court impose an indeterminate term at a youth correctional institution? May the trial court impose the mandatory three year imprisonment sentence and then suspend it?

The Graves Act provides, generally, that one who uses or possesses a firearm...

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