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STATE v. GIORGIANNI

189 N.J. Super. 220 (1983)

459 A.2d 1189

STATE OF NEW JERSEY, PLAINTIFF-RESPONDENT, v. JOSEPH A. GIORGIANNI, DEFENDANT-APPELLANT.

Superior Court of New Jersey, Appellate Division.

Decided April 21, 1983.

Attorney(s) appearing for the Case

Fletcher N. Baldwin, Jr., a member of the Georgia Bar, admitted pro hac vice, argued the cause for appellant (Wherry & Yostembski, attorneys; E. John Wherry, Jr., on the brief).

Allan J. Nodes, Deputy Attorney General, and Hal K. Haveson, Assistant Prosecutor, argued the cause for respondent (Irwin I. Kimmelman, Attorney General of New Jersey, and Philip S. Carchman, Prosecutor of Mercer County, attorneys; Allan J. Nodes and Debra L. Stone, Deputy Attorney General, on the brief).

Before Judges MATTHEWS, ANTELL and FRANCIS.

PER CURIAM.

This is an appeal from an order entered in the Law Division, Mercer County, ordering reinstatement of the sentence originally imposed upon defendant after convictions for carnal abuse and debauching the morals of a minor.

On November 7, 1980 defendant was sentenced to a term of 15 years in the New Jersey State Prison pursuant to his conviction for carnal abuse in violation of N.J.S.A. 2A:138-1, with a three-year term for violation of

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