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STATE v. PINEDA

227 N.J. Super. 245 (1988)

546 A.2d 578

STATE OF NEW JERSEY, PLAINTIFF-RESPONDENT, v. EDWIN ANTONIO PINEDA, DEFENDANT-APPELLANT.

Superior Court of New Jersey, Appellate Division.

Decided August 18, 1988.

Attorney(s) appearing for the Case

G. Dallas Dixon, attorney for appellant (Gerald J. Council, of counsel and on the letter brief).

W. Cary Edwards, Attorney General, attorney for respondent (Julie Davidson, Deputy Attorney General, of counsel and on the letter brief).

Before Judges BRODY and MUIR, Jr.

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

Defendant pled guilty to third-degree death by auto. N.J.S.A. 2C:11-5. The trial judge found that he had been operating a motor vehicle while under the influence of intoxicating liquor when the accident occurred. That finding invoked the provision of N.J.S.A. 2C:11-5b (the statute) that "any sentence imposed under this section shall include either...

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