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STATE v. FRANKLIN

198 N.J. Super. 407 (1985)

487 A.2d 737

STATE OF NEW JERSEY, PLAINTIFF-RESPONDENT, v. FREDERICK FRANKLIN, DEFENDANT-APPELLANT.

Superior Court of New Jersey, Appellate Division.

Decided January 25, 1985.

Attorney(s) appearing for the Case

Joseph H. Rodriguez, Public Defender, attorney for appellant (Elizabeth Thomas Colaneri, Designated Counsel, on the brief).

Irwin I. Kimmelman, Attorney General, attorney for respondent (Marijean Raffetto Stevens, Deputy Attorney General, on the brief).

Before Judges FRITZ, GAULKIN and LONG.

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

Pursuant to his plea of guilty to third-degree theft (N.J.S.A. 2C:20-3), defendant was sentenced on November 25, 1981 to a two year probationary term with a condition that he serve "the first 60 days" in the Monmouth County Correctional Institution. See N.J.S.A. 2C:43-2b(2). After he served the custodial portion of that probationary sentence and while still on probation, defendant was arrested...

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