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STATE v. ROTH

95 N.J. 334 (1984)

471 A.2d 370

STATE OF NEW JERSEY, PLAINTIFF-APPELLANT, v. HENRY MICHAEL ROTH, DEFENDANT-RESPONDENT.

The Supreme Court of New Jersey.

Decided February 7, 1984.

Attorney(s) appearing for the Case

Anthony Martinez, Assistant Prosecutor, argued the cause for appellant (John J. Stamler, Union County Prosecutor, attorney).

James A. Vigliotti argued the cause for respondent (Heim and Barisonek, attorneys).

Victoria Curtis Bramson, Deputy Attorney General, argued the cause for amicus curiae Attorney General (Irwin I. Kimmelman, Attorney General of New Jersey, attorney).

Mark H. Friedman, Assistant Deputy Public Defender, argued the cause for amicus curiae Public Defender (Joseph H. Rodriguez, Public Defender, attorney).

The opinion of the Court was delivered by O'HERN, J.

This is the first time we have addressed in detail the standards that guide sentencing and review courts under the Code of Criminal Justice, N.J.S.A. 2C:1-1 to 98-4, and that govern the State's right to appeal sentences under N.J.S.A. 2C:44-1(f)(2). It is our view that the Code established an entirely new sentencing process. It displaced standards established under prior decisional law, created presumptive...

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