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STATE v. SANDERS

212 N.J. Super. 599 (1986)

515 A.2d 1256

STATE OF NEW JERSEY, PLAINTIFF-APPELLANT, CROSS-RESPONDENT, v. LOIS SANDERS AND DONALD SANDERS, DEFENDANTS-RESPONDENTS, CROSS-APPELLANTS.

Superior Court of New Jersey, Appellate Division.

Decided October 1, 1986.

Attorney(s) appearing for the Case

Catherine A. Foddai, Deputy Attorney General, argued the cause for appellant, cross-respondent (W. Cary Edwards, Attorney General of New Jersey, attorney, Catherine A. Foddai, of counsel and on the letter briefs).

John R. Grele, Assistant Deputy Public Defender, argued the cause for respondents, cross-appellants (Alfred A. Slocum, Public Defender; attorney; Jacqueline E. Turner, Assistant Deputy Public Defender, of counsel and on the brief).

Before Judges MORTON I. GREENBERG and J.H. COLEMAN.

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

The novel question raised in the appeal filed by the State is whether bail pending an appeal by the State pursuant to N.J.S.A. 2C:44-1f(2) must be fixed simultaneously with the granting of a stay of the sentence. For the reasons which follow, we hold that where a defendant has been unable to post bail or whose bail has been revoked prior to sentencing, a stay of the sentence to permit the State...

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