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STATE v. ERVIN

241 N.J. Super. 458 (1989)

575 A.2d 491

STATE OF NEW JERSEY, PLAINTIFF-RESPONDENT, v. ROBERT ERVIN, DEFENDANT-APPELLANT.

Superior Court of New Jersey, Appellate Division.

Decided October 16, 1989.

Attorney(s) appearing for the Case

Susan J. Abraham, Designated Counsel, argued the cause for appellant (Alfred A. Slocum, Public Defender, attorney; Susan J. Abraham of counsel and on the brief).

Marsetta Lee, Deputy Attorney General, argued the cause for respondent (Peter N. Perretti, Jr., Attorney General, attorney; Marsetta Lee of counsel and on the letter brief).

Before Judges O'BRIEN, HAVEY and STERN.

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

This case requires us to consider defendant's principal argument that he, after being placed on probation, could not be resentenced to a maximum above that embodied in his original negotiated disposition. While we reject that argument, we nevertheless remand for resentencing consistent with the Supreme Court's recent holdings in State v. Molina, 114 N.J. 181,

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